(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "International law documents : 1942"












§88 








sStSSaSoc 



NAVAL WAR COLLEGE 

NEWPORT, R. I. 



INTERNATIONAL LAW 
DOCUMENTS 

1942 



$ 



UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1943 



PREFACE 

The annual publication of the Naval War Col- 
lege on international law for 1942 has been pre- 
pared, as formerly, since 1938, in collaboration 
with Payson Sibley Wild, Jr., Ph. D., professor of 
international law, Harvard University, and asso- 
ciate for international law, Naval War College. 

Discussions by the Naval War College classes 
have given special attention to international law 
in its relation to the conduct of the war now in 
progress. Important and relevant document; 
concerning belligerents and neutrals also have 
been under consideration. Documents cited in 
this volume are among those discussed. 

While certain of these documents are easily ac- 
cessible, others have not yet appeared in any col- 
lection and are not readily available to naval 
officers. 

W. S. Pye, 
Rear Admiral, United States Navy, 

President, Naval War College. 

October 12, 1943. 

m 



CONTENTS 

Page 

I. Orders to Forces in India 1 

IT. Crimes Against Civilian Populations .' 2 

III. Reciprocal Lend-Lease 5 

IV. Relief for American Prisoners in Japan ~„ 12 

V. Reply to French Protests on Bombings 14 

VI. Negotiations for Relief to American Prisoners 15 

VIT. British-U. S. S. R. Treaty of Alliance 18 

VIII. Commission to Investigate War Crimes 22 

IX. Statements in regard to North Africa • 23 

X. Temporary Political Arrangement with Darlan 26 

XI. Defense Agreement with Liberia 28 

XII. Statement on North Africa, 34 

XIII. Statement on Forced Transfers of Property. 36 

XIV. Agreement on Marine Transportation and Litiga- 

tion 37 

XV. Aid Agreement with Belgium ' 45 

XVI. Capture of Prizes „ 49 

XVII. Neutrality Act of 1939___ 51 

!XVIII. German Action in regard to Americans in France __ 52 

XIX. United States Trade with Spain 55 

XX. Bases in the Pacific 57 

XXI. Treaty Ending Extraterritoriality . 59 

XXII. Embassies in Latin America 70 

XXIII. Transmission of Messages to Enemy Countries 71 

XXIV. Japanese Execution of American Aviators 75 

XXV. Break with Martinique __ 81 

XXVI. American Nationals in Japanese Custody 83 

XXVII. Statement on Poison Gas __ 85 

XXVIII. Food Conference Final Act 87 

XXIX Hearings in regard to Prisoners 139 

XXX. New Authonty in Martinique _._ 147 

XXXI. Refuge in Neutral Countries for Axis Leaders 149 

XXXII. Lend-Lease Report.- _ L — 151 

IV 



I. Orders to American Military Forces in India 

(Dept. of State Bulletin, August 15, 1942, Vol. VII, No. 164) 

The following statement of this Government's 
policy has been made a part of the orders to the 
American military forces in India : 

. "1. The sole purpose of the American forces in India is 
to prosecute the war of the United Nations against the Axis 
powers. 'In the prosecution of the war in that area the 
primary aim of the Government of the United States is to 
aid China. 

"2. American forces are not to indulge to the slightest 
degree in activities of any other nature unless India should 
be attacked by the Axis powers, in which event American 
troops would aid in defending India. 

"3. American forces in India will exercise scrupulous care 
to avoid the slightest participation in India's internal politi- 
cal problems, or even the appearance of so doing. 

"4. In event of internal disturbances American forces 
will resort to defensive measures only should their own 
personal safety or that of other American citizens be en* 
dangered or for the necessary protection of American 
military supplies and equipment." 

1 



IL Crimes Against Civilian Populations in 
Occupied Countries 

(Dept. of State Bulletin, August 22, 1942, Vol. VII, No. 165) 
Statement by the President 

The Secretary of State recently forwarded to me 
a communication signed by. the Ambassador of the 
Netherlands and the Ministers of Yugoslavia and 
Luxembourg on behalf of the Governments of Bel- 
gium, Greece, Luxembourg, Norway, Netherlands, 
Poland, Czechoslovakia, Yugoslavia, and the 
French National Committee in London, calling at- 
tention to the barbaric crimes against civilian popu- 
lations which are being committed in occupied 
countries, particularly on the continent of Europe. 

In this communication, attention was invited to 
the declaration signed in London on January 13, 
1942 by the representatives of nine governments 
whose countries are under German occupation. 
This declaration affirmed that acts of violence thus 
perpetrated against the civilian populations are 
at variance with accepted ideas concerning acts 
of war and political offenses as these are under- 
stood by civilized nations ; stated that the punish- 
ment, through the channel of organized justice of 
those guilty and ^responsible for these crimes, is 
one of the principal war aims of the contracting 
governments; and recorded the determination of 
the contracting governments in a spirit of inter- 
national solidarity to see to it that those guilty and 
responsible, whatever their nationality, are handed 

2 



over to justice and tried and that the sentences 
pronounced are carried out. 

The communication which I have just received 
from the chiefs of mission of the Netherlands, 
Yugoslavia, and Luxembourg states that these acts 
of oppression and terror have taken proportions 
and forms giving rise to the fear that as the defeat 
of the enemy countries approaches, the barbaric 
and unrelenting character of the occupational , 
regime will become more marked and may even lead 
to the extermination of certain populations. 

As I stated on October 25, 1941 : 

"The practice of executing scores of innocent hostages 
in reprisal for isolated attacks on Germans in countries 
temporarily under the Nazi heel revolts a world already 
inured to suffering and brutality. Civilized peoples long 
ago adopted the basic principle that no man should be 
punished for the deed of another. Unable to apprehend 
the persons involved in these attacks the Nazis characteris- 
tically slaughter fifty or a hundred innocent persons. 
Those who would 'collaborate' with Hitler or try to appease 
him cannot ignore this ghastly warning. 

"The Nazis might have learned from the last war the 
impossibility of breaking men's spirit by terrorism. • Instead 
they develop their 'lebensraum' and mew order' by depths 
of frightfulness which even they have never approached 
before. These are the acts of desperate men who know in 
their hearts that they cannot win. Frightfulness can never 
bring peace to Europe. It only sows the seeds of hatred 
which will one day bring fearful retribution." 

The Government of the United States has been 
aware for some time of these crimes. Our Govern- 
ment is constantly receiving additional information 
from dependable sources, and it welcomes reports 
from any trustworthy source which would assist 
in keeping our growing fund of information and 
evidence up to date and reliable. 



The United Nations are going to win this war. 
When victory has been achieved, it is the purpose 
of the Government of the United States, as I know 
it is the purpose of each of the United Nations, to 
make appropriate use of the information and evi- 
dence in respect to these barbaric crimes of the 
invaders, in Europe and in Asia. It seems only 
fair that they should have this warning that the 
time will come when they shall have to stand in 
courts of law in the very countries which they 
are now oppressing and answer for their acts. 



III. Agreements for Reciprocal Lend-Lease Aid 
to the United States and Its Armed Forces 

(Dept. of State Bulletin, September 5, 1942, Vol. VII, 

No. 167) 

Agreements specifying the principles and proce- 
dures applicable to the provision of aid to the 
United States and its armed forces by the Govern- 
ments of the United Kingdom, Australia, and New 
Zealand were concluded on September 3 by ex- 
changes of notes between the Secretary of State 
and the British Ambassador, Lord Halifax; the 
Australian Minister, Sir Owen Dixon ; and the New 
Zealand Minister, Mr. Walter Nash. A similar 
agreement concerning the provision of aid by 
Fighting France was concluded in London on Sep- 
tember 3 by an exchange of notes between Brig. 
Gen. John E. Dahlquist, Acting Military Represen- 
tative of the United States of America, and M. 
Maurice de Jean, representing the French Na- 
tional Committee. The texts of these documents 
are printed below. 

These agreements formalize the principles and 
procedures applicable to the provision of aid to 
the armed forces of the United States by the 
other parties on the same terms as those under 
which the United States supplies aid to them in 
accordance with the provisions of the Lend-Lease 
Act. Each of them, without awaiting conclusion 
of a formal agreement, has been providing such 
aid on these terms as occasion requires since the 

5 



6 

passage of the Lend-Lease Act. This aid is rap- 
idly increasing in importance as the intensity of 
the American war effort increases in the various 
theaters of operations concerned. 

Each of these agreements specifies that the 
general principle governing the provision of 
mutual aid is that the war production and war* 
resources of each contracting party should be 
used in ways which most effectively utilize the 
available materials, manpower, production facili- 
ties, and shipping space. The agreements further 
specify that a maximum of the articles and serv- 
ices provided by each party to the other shall 
be in the form of reciprocal aid so that the need 
of each for the currency of the other may be 
reduced to a minimum. Each of the other parties 
agrees to provide the armed forces of the United 
States with military equipment, munitions, mili- 
tary and naval stores, other supplies, materials, 
facilities, and services when they can most effec- 
tively be procured in their respective countries. 

The agreements with the Governments of Aus- 
tralia and New Zealand also make applicable to 
their relations with this Government the principles 
of the agreement between the Governments of the 
United States and the United Kingdom on the 
principles applying to mutual aid, signed in 
Washington on February 23, 1942. 

Note From the British Ambassador to the 
Secretary of State 
Sir: 

In the United Nations declaration of January 1, 
1942, the contracting governments pledged them- 
selves to employ their full resources, military or 



economic, against those nations with which they 
are at war and in the Agreement of February 23, 
1942, each contracting government undertook to 
provide the other with such articles, services, 
facilities or information useful in the prosecution 
of their common war undertaking as each may be 
in a position to supply. It is further the under- 
standing of the Government of the United King- 
dom of Great Britain and Northern Ireland that 
the general principle to be followed in providing 
mutual aid as set forth in the said Agreement of 
February 23, 1942, is that the war production and 
the war resources of both Nations should be used 
by the armed forces of each and of the other 
United Nations in ways which most effectively 
utilize the available materials, manpower, produc- 
tion facilities and shipping space. 

With a view, therefore, to supplementing Arti- 
cle 2 and Article 6 of the Agreement of February 
23, 1942, between our two Governments for the 
provision of reciprocal aid, I have the honour to 
set forth below the understanding of the Govern- 
ment of the United Kingdom of Great Britain and 
Northern Ireland of the principles and procedures 
applicable to the provision of aid by the Govern- 
ment of the United Kingdom of Great Britain and 
Northern Ireland to the armed forces of the 
United States and the manner in which such aid 
will be correlated with the maintenance of those 
forces by the United States Government. 

1. While each Government retains the right of 
final decision, in the light of its own potentialities 
and responsibilities, decisions as to the most ef- 
fective use of resources shall, so far as possible, 



8 

be made in common, pursuant to common plans 
for winning the war. 

2. As to financing the provision of such aid, 
within the fields mentioned below, it is the un- 
derstanding of the Government of the United 
Kingdom of Great Britain and Northern Ireland 
that the general principle to be applied, to the 
point at which the common war effort is most 
effective, is that as large a portion as possible of 
the articles and services which each Government 
may authorize to be provided to the other shall 
be in the form of reciprocal aid so that the need 
of each Government for the currency of the other 
may be reduced to a minimum. 

It is accordingly the understanding of the, 
Government of the United Kingdom of Great 
Britain and Northern Ireland that the United 
States Government will provide, in accordance 
with the provisions of, and to the extent author- 
ized under, the Act of March 11, 1941, the share 
of its war production made available to the 
United Kingdom. The Government of the United 
Kingdom will provide on the same terms, and as 
reciprocal aid so much of its war production made 
available to the United States as it authorizes in 
accordance with the Agreement of February 23, 
1942. 

3. The Government of the United Kingdom will 
provide the United States or its armed forces 
with the following types of assistance as such re- 
ciprocal aid, when it is found that they can most 
effectively be procured in the United Kingdom or 
in the British Colonial Empire : 

(a) Military equipment, munitions and military 
and naval stores. 



9 

(b) Other supplies, materials, facilities and 
services for the United States forces, except for 
the pay and allowances of such forces, adminis- 
trative expenses, and such local purchases as its 
official establishments may make other than 
through the official establishments of the Govern- 
ment of the United Kingdom as specified in para- 
graph 4. 

(c) Supplies, materials and services needed in 
the construction of military projects, tasks and 
similar capital works required for the common 
war effort in the United Kingdom or in the Brit- 
ish Colonial Empire, except for the wages and 
salaries of United States citizens. 

(d) Supplies, materials and services needed in 
the construction of such military projects, tasks 
and capital works in territory other than the 
United Kingdom or the British Colonial Empire 
or territory of the United States to the extent 
that the United Kingdom or the British Colonial 
Empire is a more practicable source of supply 
than the United States or another of the United 
Nations. 

4. The practical application of the principles 
formulated in this note, including the procedure 
by which requests for aid by either Government 
are made and acted upon, shall be worked out as 
occasion may require by agreement between the 
two Governments, acting when possible through 
their appropriate military or civilian adminis- 
trative authorities. Requests by the United 
States Government for such aid will be presented 
by duly authorized authorities of the United 
States to official agencies of the United Kingdom 
which will be designated or established in Lon- 



10 

don and in the areas where United States forces 
are located for the purpose of facilitating the 
provision of reciprocal aid. 

5. It is the understanding of the Government 
of the United Kingdom of Great Britain and 
Northern Ireland that all such aid, as well as 
other aid, including information, received under 
Article 6 of the Agreement of February 23, 1942, 
accepted by the President of the United States 
or his authorized representatives from the Gov- 
ernment of the United Kingdom will be received 
as a benefit to the United States under the Act 
of March 11, 1941. In so far as circumstances 
will permit, appropriate record of aid received 
under this arrangement, except for miscellaneous 
facilities and services, will be kept by each 
Government. 

If the Government of the United States con- 
curs in the foregoing, I would suggest that the 
present note and your reply to that effect be re- 
garded as placing on record the understanding 
of our two Governments in this matter. 

I have [etc.] Halifax 

Note From the Secretary of State to the British 

Ambassador 
Excellency : 

I have the honor to acknowledge the receipt of 
your note of today's date concerning the prin- 
ciples and procedures applicable to the provision 
of aid by the Government of the United Kingdom 
of Great Britain and Northern Ireland to the 
Armed forces of the United States of America. 

In reply I wish to inform you that the Govern- 
ment of the United States agrees with the under- 



11 

standing of the Government of the United 
Kingdom of Great Britain and Northern Ireland 
as expressed in that note. In accordance with 
the suggestion contained therein, your note and 
this reply will be regarded as placing on record 
the understanding between our two Governments 
in this matter. 

This further integration and strengthening of 
our common war effort gives me great satisfac- 
tion. 

Accept [etc.] Cordell Hull 



IV. Relief for American Prisoners of War Held 

by Japan 

(Dept. of State Bulletin, September 5, 1942, Vol. VII, 

No. 167) 

The following message concerning relief for 
prisoners of war held by Japan has been trans- 
mitted by the Acting Secretary of State to the 
Japanese Government through the Swiss au- 
thorities : 

"1. The Japanese Government has agreed to apply the 
provisions of the Geneva Prisoners of War Convention 
of 1929 to American prisoners of war and civilian in- 
ternees. Article 37 of that Convention provides for the 
receipt by prisoners of supplies of food and clothing 
supplemental to those which it is the duty of the detaining 
power to furnish, in as much as it states that prisoners 
shall be allowed to receive parcels intended to supply them 
with food or clothing. It further states that such parcels 
shall be delivered to the prisoners. 

"2. The American Red Cross assumed that the Japanese 
Government would grant safe conduct for a Red Cross 
ship to transport supplemental supplies of food and cloth- 
ing destined to American and other prisoners of war 
and civilian internees in Japanese custody as German and 
Italian Governments have done and are continuing to do 
for supplies being sent for prisoners and internees in 
their custody. Accordingly, the American Red Cross 
chartered the neutral Swedish motorship Kanangoora to 
carry such supplies and the ship is now ready to sail 
from San Francisco with the supplies. It is to be oper- 
ated by the International Red Cross Committee, a repre- 
sentative of which, who will be a citizen of a neutral 
country, will be the only person on board besides the 
Swedish citizens composing the crew. 

"3. The American Red Cross has requested, through the 
channels of the International Red Cross Committee, the 

12 



IS 

consent of the Japanese Government for the voyage of the 
ship to Manila via Kobe, Shanghai, and Hong Kong, with 
the supplies. The United States Government also has 
officially asked for that consent through the channels of the 
Swiss Government representing the interests of the United 
States in Japan. Through both channels the Japanese Gov- 
ernment has now replied refusing such consent. It states that 
it does not object, however, to such shipments on vessels 
exchanging Japanese and United States nationals at Lour- 
engo Marques. 

"4. The motorship Gripsholm used by the United States 
Government in the exchange of Japanese and Americans at 
Lourenco Marques does not have sufficient cargo carrying 
capacity to transport the amount of supplies which it is 
desired to send to prisoners and internees in the Far East. 
Moreover, the exchange ship does not provide a means of 
continued transportation of such supplies. Additional ship- 
ping must therefore be employed if the prisoners and in- 
ternees are to receive supplementary supplies as provided for 
by the Convention. 

"5. If the Japanese Government will not permit the 
Kanangoora to proceed on its proposed voyage to the Far 
East with the supplies in question, then the United States 
Government proposes that the Japanese Government agree 
that the Kanangoora or other Red Cross ship shall proceed 
from the United States with the supplies to Macau or to 
Lourenco Marques, to which port the Japanese Government 
will similarly send a Red Cross ship to receive the supplies 
and transport them for delivery to the prisoners and in- 
ternees. The United States Government desires to point out 
in this connection that it is incumbent upon the Japanese 
Government to facilitate by whatever means may be avail- 
able, the delivery of parcels intended for prisoners in ful- 
fillment of the obligation of the detaining power to allow 
prisoners to receive parcels and to deliver the parcels to 
them as provided by Article 37 of the Geneva Prisoners of 
War Convention. The United States Government, while 
looking to the Japanese Government to fulfill its obligations 
under the Convention in this matter, is fully conscious of its. 
own obligations thereunder." 

557500 — 44 2 



V. Reply to French Protest Against Bombings 

hi France 

(Dept. of State Bulletin, September 12, 1942, Vol. VII, 

No. 168) 

The American Charge in Vichy, Mr. S. Pinkney 
Tuck, on September 7 was called in by Monsieur 
Laval who said that in recent bombings of Le 
Havre and Rouen by combined military forces of 
the United Nations a number of people were 
killed and others wounded and that he, M. Laval, 
desired to enter a protest to the American Gov- 
ernment since it was reported some American 
flyers participated* Mr. Tuck's immediate reply 
was that these air forces were bombing military 
plants in the employ of Germany and that, of 
course, the Americans do not desire to see the 
French people suffer any more than can be 
avoided since they have already suffered to an 
incalculable extent under German occupation but 
that M. Laval must be assured that the military 
plants operated by or for Germany and other 
German military properties in France will be 
bombed at every opportunity in the future. 

14 



VI. Negotiations for Relief to American Prisoners 
of War Held By Japan 

(Dept. of State Bulletin, September 19, 1942, Vol. VII, 

No. 169 

Immediately following the Japanese occupation 
of the Philippine Islands, efforts were made by 
the American Red Cross to locate a neutral ship 
of sufficient cargo capacity and cruising radius 
for the carriage of prisoner-of-war supplies to 
the Far East, including the Philippine Islands. 

In the spring a suitable vessel was located, the 
Swedish ship Vasaland, then at Gothenburg. Ef- 
forts made by the American Red Cross through 
the International Red Cross to secure the assent 
of the German authorities to the departure of 
this ship from the Baltic proved fruitless, follow- 
ing which the Kcmangoora, a Swedish vessel now 
on the Pacific coast, was chartered with the expec- 
tation that it could be used for this purpose. 

Supplementing the repeated efforts of the 
American Red Cross, made through the inter- 
mediary of the International Red Cross, to obtain 
from the Japanese Government a guaranty of 
safe conduct for this ship to carry relief supplies 
for American prisoners of war and civilian in- 
ternees in Japanese custody, messages dated July 
30, August 29, and September 18, 1942, respec- 
tively, % were sent by the Secretary of State to the 
Japanese Government through the Swiss Govern- 
ment representing American interests in Japan. 
The message dated August 29 was printed in the 

15 



16 

Bulletin of September 5, 1942, page 741. The 
texts of the other messages read as follows: 

"July 30, 1942. 
"Please request that Swiss Minister Tokyo be instructed to 
press for consent of Japanese Government to voyage from 
San Francisco to Manila via Kobe, Shanghai and Hong Kong 
of Swedish motorship Kanangoora which is being chartered 
by American Red Cross and operated by the International 
Eed Cross to carry supplies for prisoners of war and civilian 
internees in the Far East. Please expedite report." 

"September 18, 1942. 

"The Government of the United States has noted the Japa- 
nese Government's statement that it has never refused and 
will not refuse in the future to accept and to deliver parcels 
containing foodstuffs and clothing as provided for under 
Article 37 of the Geneva Prisoners of War Convention and is 
gratified to have official confirmation that supplies sent by the 
American Red Cross on the exchange ships will be distributed 
to American prisoners of war and civilian internees in Japan, 
in the Philippines, and in other areas under Japanese 
occupation. 

"The Government of the United States also has noted the 
statement of the Japanese Government that it must maintain 
for the moment its refusal to allow, for strategic reasons, any 
vessel to cross the western Pacific and that the Japanese Gov- 
ernment has no intention of sending to Lourenco Marques 
Japanese ships other than the exchange vessels. 

"The Government of the United States desires, ; however, to 
point out that the supplies already sent to the Philippine 
Islands are insufficient in quantity adequately to satisfy the 
continuing needs of American prisoners of war and civilian 
internees detained by the Japanese authorities there. 
Furthermore, sufficient cargo space is not available on the 
exchange vessels to permit the shipment of sufficient supple- 
mentary supplies to serve the continuing needs of American 
nationals detained by the Japanese authorities in the # Philip- 
pine Islands and in other areas under Japanese occupation. 

"The Government of the United States, therefore, proposes 
again that the Japanese Government consent to the appoint- 



17 

ment of a neutral International Red Cross Committee dele- 
gate in the Philippine Islands to whom funds might be sent 
from the United States to be used in the purchase of local 
produce for distribution among American nationals in Japa- 
nese custody there. This Government confidently expects 
that as soon as the strategic reasons which the Japanese Gov- 
ernment states are at present influencing it in refusing to 
permit neutral vessels to cross the western Pacific are no 
longer controlling, the Japanese Government will give safe 
conduct for the shipment of supplementary supplies from 
this country. Until that time, however, it is only by opening 
a means whereby funds may be provided to and used by a 
neutral Red Cross representative in the Philippine Islands 
that American nationals in Japanese custody in the Philip- 
pines may be furnished on a continuing basis the supple- 
mentary supplies which prisoners of war are entitled to 
receive under the Convention, which both Governments have 
agreed reciprocally to apply and to extend to civilian in- 
ternees. In this connection, this Government desires to point 
out that the dietary habits of Americans are different from 
those of the Japanese people and that this Government is 
accordingly anxious to supplement the basic Japanese 
rations by supplies of a type more characteristic of the usual 
American diet. 

<: The attention of the Japanese Government is drawn to 
the fact that International Red Cross Committee delegates 
are permitted to function freely in the continental United 
States and the Territory of Hawaii in the distribution of 
relief among persons of Japanese nationality detained in the 
United States and Hawaii. 

"The Government of the United States desires to know 
urgently whether or not the Japanese Government will hence- 
forth grant full reciprocity in these respects." 



VIL Treaty Between the United Kingdom of 
Great Britain and Northern Ireland and the 
Union of Soviet Socialist Republics 

(Dept. of State Bulletin, September 26, 1942, Vol. VII, 

No. 170) 

British Treaty Series No. 2 (1942), Cmd. 6376 

"His Majesty The King of Great Britain, Ireland, and the 
British Dominions beyond the Seas, Emperor of India, and 
the Presidium of the Supreme Council of the Union of Soviet 
Socialist Republics '; 

"Desiring to confirm the stipulations of the Agreement 
between His Majesty's Government in the United Kingdom 
and the Government of the Union of Soviet Socialist Repub- 
lics for joint action in the war against Germany, signed at 
Moscow on the 12th July, 1941, and to replace them by a 
formal treaty ; 

"Desiring to contribute after the war to the maintenance 
of peace and to the prevention of further aggression by Ger- 
many or the States associated with her in acts of aggression 
in Europe ; 

"Desiring, moreover, to give expression to their intention 
to collaborate closely with one another as well as with the 
other United Nations at the peace settlement and during the 
ensuing period of reconstruction on the basis of the principles 
enunciated in the declaration made on the 14th August, 1941 
by the President of the United States of America and the 
Prime Minister of Great Britain to which the Government of 
the Union of Soviet Socialist Republics has adhered ; 

"Desiring, finally, to provide for mutual assistance in the 
event of an attack upon either High Contracting Party by 
Germany or any of the States associated with her in acts of 
aggression in Europe. 

"Have decided to conclude a treaty for that purpose and 
have appointed as their Plenipotentiaries : — 

18 



19 

"His Majesty The King of Great Britain, Ireland, and the 
British Dominions beyond the Seas, Emperor of India, 

"For the United Kingdom of Great Britain and Northern 
Ireland : The Eight Honourable Anthony Eden, M. P., His 
Majesty's Principal Secretary of State for Foreign Affairs ; 

"TJie Presidium of the Supreme Council of the Union of 
Soviet Socialist Republics : 

"M. Vyacheslav Mikhailovich Molotov, People's Commissar 
for Foreign Affairs, 

"Who, having communicated their Full Powers, found in 
good and due form, have agreed as follows : — 

"PART I 

"Article I 

"In virtue of the alliance established between the United 
Kingdom and the Union of Soviet Socialist Republics the 
High Contracting Parties mutually undertake to afford one 
another military and other assistance and support of all 
kinds in the war against Germany and all those States which 
are associated with her in acts of aggression in Europe. 

"Article II 

"The High Contracting Parties undertake not to enter 
into any negotiations with the Hitlerite Government or any 
other Government in Germany that does not clearly renounce 
all aggressive intentions, and not to negotiate or conclude 
except by mutual consent any armistice or peace treaty with 
Germany or any other State associated with her in acts of 
aggression in Europe. 

"PART II 
"Article III 

"(1) The High Contracting Parties declare their desire 
to unite with other like-minded States in adopting proposals 
for common action to preserve peace and resist aggression in 
the post-war period. , 

"(2) Pending the adoption of such proposals, they will 
after the termination of hostilities take all the measures in 



20 

their power to render impossible a repetition of aggression 
and violation of the peace by Germany or any of the States 
associated with her in acts of aggression in Europe. 

"Article IV 

"Should one of the High Contracting Parties during the 
post-war period become involved in hostilities with Germany 
or any of the States mentioned in Article III (2) in con- 
sequence of an attack by that State against that Party, the 
other High Contracting Party will at once give to the Con- 
tracting Party so involved in hostilities all the military and 
other support and assistance in his power. 

"This Article shall remain in force until the High Con- 
tracting Parties, by mutual agreement, shall recognise that 
it is superseded by the adoption of the proposals contemplated 
in Article III (1). In default of the adoption of such pro- 
posals, it shall remain in force for a period of twenty years, 
and thereafter until terminated by either High Contracting 
Party, as provided in Article VIII. 

"Article V 

"The High Contracting Parties, having regard to the in- 
terests of the security of each of them, agree to work together 
in close and friendly collaboration after the re-establishment 
of peace for the organisation of security and economic pros- 
perity in Europe. They will take into account the interests 
of the United Nations in these objects, and they will act in 
accordance with the two principles of not seeking territorial 
aggrandisement for themselves and of non-interference in the 
internal affairs of other States. 

♦ "Article VI 

"The High Contracting Parties agree to render one another 
all possible economic assistance after the war. 

"Article VII 

"Each High Contracting Party undertakes not to conclude 
any alliance and not to take part in any coalition directed 
against the other High Contracting Party. 



21 
"Article VIII 

"The present Treaty is subject to ratification in the shortest 
possible time and the instruments of ratification shall be 
exchanged in Moscow as soon as possible. 

"It comes into force immediately on the exchange of the 
instruments of ratification and shall thereupon replace the 
Agreement between the Government of the Union of Soviet 
Socialist Kepublics and His Majesty's Government in the 
United Kingdom, signed at Moscow on the 12th July, 1941. 

"Part I of the present Treaty shall remain in force until 
the re-establishment of peace between the High Contracting 
Parties and Germany and the Powers associated with her in 
acts of aggression in Europe. . 

"Part II of the present Treaty shall remain in force for a 
period of twenty years. Thereafter, unless twelve months' 
notice has been given by either Party to terminate the Treaty 
at the end of the said period of twenty years, it shall continue 
in force until twelve months after either High Contracting 
Party shall have given notice to the other in writing of his 
intention to terminate it. 

"In witness whereof the above-named Plenipotentiaries 
have signed the present Treaty and have affixed thereto their 
seals. 

"Done in duplicate in London on the 26th day of May, 1942, 
in the English and Russian languages, both texts being 
equally authentic. 

Anthony Eden. V. Molotov." 



VIII. United Nations Commission to Investigate 

War Crimes 

(Dept. of State Bulletin, October 10, 1942, Vol. VII, 

No. 172) 

The President has made the following state- 
ment : 

"On August 21 I said that this Government was con- 
stantly receiving information concerning the barbaric 
crimes being committed by the enemy against civilian 
populations in occupied countries, particularly on the con- 
tinent of Europe. I said it was the purpose of this Gov- 
ernment, as I knew it to be the purpose of the other 
United Nations, to see that when victory is won the 
perpetrators of these crimes shall answer for them before 
courts of law. 

"The commission of these crimes continues. 

"I now declare it to be the intention of this Government 
that the successful close of the war shall include provision 
for the surrender to the United Nations of war criminals. 

"With a view to establishing responsibility of the guilty 
inidviduals through the collection and assessment of all 
available evidence, this Government is prepared to cooper- 
ate with the British and other Governments in establishing 
a United Nations Commission for the Investigation of War 
Crimes. 

"The number of persons eventually found guilty will 
undoubtedly be extremely small compared to the total 
enemy populations. It is not the intention of this Gov- 
ernment or of the Governments associated with us to re- 
sort to mass reprisals. It is our intention that just and 
sure punishment shall be meted out to the ringleaders 
responsible for the organized murder, of thousands of 
innocent persons and the commission of atrocities which 
have violated every tenet of the Christian faith." 

22 



IX. American Military Operations in French 

North Africa 

Messages of President Roosevelt to Officials of France, 
Portugal, Spain, Algeria, and Tunisia; and Replies 

(Dept. of State Bulletin, November 21, 1942, Vol. VII, 

■No. 177) 

In connection with the current military opera- 
tions in French North Africa, the President has 
sent the following message to the Chief of the 
French State, Marshal Henri Philippe Petain: 

"Marshal Petain : 

"I am sending this message to you as the Chef d'Etat 
of the United States to the Chef d'Etat of the Republic 
of France. 

"When your Government concluded the Armistice Con- 
vention in 1940, it was impossible for any of us to foresee 
the program of systematic plunder which the German 
Reich would inflict on the French people. 

"That program, implemented by blackmail and robbery, 
has deprived the French population of its means of sub- 
sistence, its savings; it has paralyzed French industry and 
transport: it has looted French factories and French 
forms— all for the benefit of a Nazi Reich and a Fascist 
Italy under whose Governments no liberty loving nation 
could, long exist. . 

"As an old friend of France and the people of France, 
my anger; and sympathy grows with every passing day 
whp.n I consider the misery, the want, and the absence 
from their homes of the flower of French, manhood. 
Germany has neglected no opportunity to demoralize and 
degrade your great nation. , , . ■ . 

"Today, with greedy eyes on that Empire which France 
so laboriously constructed, Germany and Italy are pro- 
posing to invade and occupy French North Africa in 

23 



24 

order that they may execute their schemes of domination 
and conquest over the whole of that continent. 

"I know you will realize that such a conquest of Africa 
would not stop there but would be the prelude to further 
attempts by Germany and Italy to threaten the conquest 
of large portions of the American Hemisphere, large 
dominations over the Near and Middle East, and a joining 
of hands in the Far East with those military leaders of 
Japan who seek to dominate the whole of the Pacific. 

"It is evident, of course, that an invasion and occupation 
of French North and West Africa would constitute for 
the United States and all of the American Republics the 
gravest kind of menace to their security — just as it would 
sound the death knell of the French Empire. 

"In the light of all the evidence of our enemy's inten- 
tions ancl plans, I have, therefore, decided to dispatch to 
North Africa powerful American armed forces to co- 
operate with the governing agencies of Algeria, Tunisia 
and Morocco in repelling this latest act in the long litanij 
of German and Italian international crime. 

"These indomitable American forces are equipped with 
massive and adequate weapons of modern warfare which 
will be available for your compatriots in North Africa 
in our mutual fight against the common enemy. 

"I am making all of this clear to the French Authorities in 
North Africa, and I am calling on them for their cooperation 
in repelling Axis threats. My clear purpose is. to, support 
and aid the French Authorities and their administrations. 
That is the immediate aim of these American armies. 

"I need not tell you that the ultimate and greater aim is 
the liberation of France and its Empire from the Axis yoke. 
In so doing we provide automatically for the security of the 
Americas. 

"I need not again affirm to you that the United States of 
America seeks no territories and remembers always the his- 
toric friendship and mutual aid which we have so greatly 
given to each other. 

"I send to you and, through you, to the people of France 
my deep hope and belief that we are all of us soon to enter 
into happier days. 

Franklin D. Roosevelt" 



25 

In reply, Marshal Petain sent the following 
message to President Roosevelt: 

"It is with stupor and sadness that I learned tonight of the 
aggression of your troops against North Africa. 

"I have read your message. You invoke pretexts which 
nothing justifies. You attribute to your enemies intentions 
which have not ever been manifested in acts. I have always 
declared that we would defend our Empire if it were at- 
tacked ; you should know that we would defend it against any 
aggressor whoever he might be. You should know that I 
would keep my word. 

"In our misfortune I had, when requesting the armistice, 
protected our Empire and it is you who acting in the name 
of a country to which so many memories and ties bind us have 
taken such a cruel initiative. 

"France and her honor are at stake. 

"We are attacked; we shall defend ourselves; this is the 
order I am giving. 

Philippe Petain" 



X. Temporary Political Arrangement in North 

and West Africa 

(Dept. of State Bulletin, November 14, 1942, Vol. VIL 

No. 178) 

Statement by the President 

I have accepted General Eisenhower's political 
arrangements made for the time being in Northern 
and Western Africa. 

I thoroughly understand and approve the feel- 
ing in the United States and Great Britain and 
among all the other United Nations that in view 
of the history of the past two years ho permanent 
arrangement should be made with Admiral Dar- 
lan. People in the United Nations likewise would 
never understand the recognition of a reconstitut- 
ing of the Vichy Government in France or in any 
French territory. 

We are opposed to Frenchmen who support 
Hitler and the Axis. No one in our Army has 
any authority to discuss the future Government 
of France and the French Empire. 

The future French Government will be estab- 
lished, not by any individual in metropolitan 
France or overseas but by the French people them- 
selves after they have been set free by the victory 
of the United Nations. 

The present temporary arrangement in North 
and West Africa is only a temporary expedient, 
justified solely by the stress of battle. 

The present temporary arrangement has ac- 
complished two military objectives. The first 

26 



27 

was to save American and British lives on the 
one hand, and French lives on the other hand. 

The second was the vital factor of time. The 
temporary arrangement has made it possible to 
avoid a "mopping up" period in Algiers and 
Morocco which might have taken a month or tw r o 
to consummate. Such a period would have de- 
layed the concentration for the attack from the 
west on Tunis, and we hope on Tripoli. 

Every day of delay in the current operation 
would have enabled the Germans and Italians 
to build up a strong resistance, to dig in and 
make a huge operation on our part essential before 
we could win. Here again, many more lives will 
be saved under the present speedy offensive than if 
we had had to delay it for a month or more. 

It will also be noted that French troops, under 
the command of General Giraud, have already 
been in action against the enemy in Tunisia^ 
fighting by the side of American and British 
soldiers for the liberation of their country. 

Admiral Darlan's proclamation assisted in mak- 
ing a "mopping up" period unnecessary. Tempo- 
rary arrangements made with Admiral Darlan 
apply, without exception, to the current local sit- 
uation only. 

I have requested the liberation of all persons 
in Northern Africa who had been imprisoned be- 
cause they opposed the efforts of the Nazis to 
dominate the world, and I have asked for the 
abrogation of all laws and decrees inspired by 
Nazi governments or Nazi ideologists. Reports 
indicate that the French of North Africa are sub- 
ordinating all political questions to the formation 
of a common front against the common enemy. 



XL Agreement Between the Governments of the 
United States of America and Liberia 

(Dept. of State Bulletin, December 5, 1942, Vol. VII, 

No. 180) 
Whereas : 

The situation of Liberia is made critical by the 
existing war and there is danger of attack or ag- 
gression by unfriendly powers ; and 
• 2. additional protection is necessary in order 
that the independence and security of the Republic 
may be safeguarded; and 

3. the Government of Liberia has requested that 
the Government of the United States because of 
its traditional friendly interest in the welfare of 
Liberia, give such aid as may be possible in the 
circumstances in the defense of the Republic ; and 

4. the Government of Liberia has granted the 
Government of the United States in this emer- 
gency the right to construct, control, operate and 
defend at the sole cost and expense of the latter 
and without charge to the Republic of Liberia, 
such military and commercial airports in the Re- 
public as in consultation with the Government of 
the Republic of Liberia may mutually be consid- 
ered necessary ; and the right also to assist in the 
protection and defense of any part of the Republic 
which might be liable to attack during the present 
war, said grant to include the right to construct 
access roads from Monrovia to the airport at 
Roberts Field on the Farmington River and the 
seaplane facilities at Fisherman Lake in the 
County of Grand Cape Mount ; and 

28 



29 

5. the above mentioned rights have been 
granted as of February 14, 1942 to become effec- 
tive from that date and to remain in effect for 
the duration of the existing war and for a period 
not to exceed six months thereafter ; 

Therefore : 
the undersigned to wit: 

Harry A. McBride, Special Representative of 
the President of the United States of America, 
acting on behalf of the Government of the United 
States; and 

Clarence L. Simpson, Secretary of State of 
the Republic of Liberia, acting on behalf of the 
Government of Liberia, have agreed as follows: 

Article 1 

The grants of rights specified above shall also 
include the right to improve and deepen chan- 
nels, to construct connecting roads, communica- 
tion services, fortifications, repair and storage 
facilities and housing for personnel, and gen- 
erally the right to do any and all things neces- 
sary to insure the efficient operation, maintenance 
and protection of such defense facilities as may 
be established; 

Article 2 

The Republic of Liberia retains sovereignty 
over all such airports, fortifications and other 
defense areas as may be established under the 
rights above granted. The Government of the 
United States during the life of this Agreement 
shall have exclusive jurisdiction over any such 
airports and defense areas in Liberia and over 

557590 — 44 3 



30 

the military and civilian personnel of the Govern- 
ment of the United States and their families, 
within the airports, fortifications and other de- 
fense areas, as well as over all other persons 
within such areas except Liberian citizens. 

It is understood, however, that the Government 
of the United States may turn over to the Li- 
berian authorities for trial and punishment any 
person committing an offense in such defense 
areas. And the Liberian authorities will turn 
over to the United States authorities for trial 
and punishment 'any of the United States mili- 
tary or civilian personnel and their families who 
may commit offenses outside such defense areas. 
The Liberian authorities and the United States; 
authorities will take adequate measures to insure 
the prosecution and punishment in cases of con- 
viction of all such offenders, it being understood 
that the relevant evidence shall be furnished 
reciprocally to the two authorities. 

Aeticle 3 

It is agreed that the Government of the United 
States shall have the right to establish and main- 
tain postal facilities and commissary stores to be 
used solely by the military and civilian personnel 
of the United States Government and their fam- 
ilies stationed in Liberia in connection with this 
Agreement and with such aid in the defense of 
Liberia as the Government of the United States 
may furnish. 

Article 4 

All materials, supplies and equipment for the 
construction, use and operation of said airports of 



31 

the United States Government and for the per- 
sonal needs of the military and civilian personnel 
and their families, shall be permitted entry into 
Liberia free of customs duties, excise taxes, or any 
other charges, and the said personnel and their 
families shall also be exempt from all forms of 
taxes, assessments and other levies by the Liberian 
Government and authorities, including exemption 
from Liberian regulations pertaining to passports, 
visas and residence permits 

The Government of the United States under- 
takes to respect all legitimate interests of Liberia 
and of Liberian citizens, as well as all the laws, 
regulations and customs relating to the native 
population and the internal administration of Li- 
beria. In exercising the rights derived from this 
Agreement, the Government of the United States 
undertakes to give sympathetic consideration to 
all representations made by the Liberian author- 
ities with respect to the welfare of the inhabitants 
of Liberia. 

In respect of the commercial use of such air- 
ports, passengers, mail and cargo entering or leav- 
ing Liberia by air shall have transit over such 
airports to and from a Liberian customs station 
established adjacent to said airports and under 
the exclusive jurisdiction of the Government of 
Liberia. 

Aeticle 5 

The Government .of the United States under- 
takes to extend to the Government of Liberia such 
aid as may be possible in the circumstances in the 
protection of the Republic, including necessary 
equipment for road construction, certain mone- 



32 

tary aids for defense purposes, certain assistance 
in the organization and training of the Liberian 
military forces and certain other assistance of a 
similar nature. 

Article 6 

The Government of the United States under- 
takes, at the end of the war and the additional 
period provided in Paragraph 5 of the Preamble 
to this Agreement, to withdraw all military forces 
of the United States. It is mutually understood 
and agreed that the jurisdiction hereby conferred 
on the Government of the United States over any 
airports and defense areas, and over military and 
civilian personnel under the provisions of Article 
2 of this Agreement, shall continue until all mat- 
ters calling for judicial determination, but undis- 
posed of after the termination of this Agreement, 
shall have been disposed of by the United States 
authorities, or, alternately, until the withdrawal of 
the United States forces shall be complete. 

Article 7 

The Government of Liberia and the Government 
of the United States agree that at this time the 
above Agreement shall apply to the air facili- 
ties at Roberts Field on the Farmington River, 
and at Fisherman Lake in the County of Grand 
Cape Mount. If other defense areas of this kind 
are deemed necessary in the future, their location 
will be fixed by mutual agreement. 

Article 8 

For the purposes of this Agreement, a Defense 
Area shall be construed as the actual areas of said 



33 

airports and such additional areas in the imme- 
diate neighborhood upon which installations nec- 
essary for defense may be established by agree- 
ment between the United States Commanding 
Officer and the Liberian Government. 

Signed, at Monrovia, Liberia, in duplicate, the 
texts having equal force, this 31st day of March, 
1942. 

Harry A. McBride 
Special Representative of the President 

of the United States of America 
C. L. Simpson 
Secretary of State of the Republic 

of Liberia 



XII. Support of the United Nations by the 
French in North Africa 

(Dept. of State Bulletin, December 19, 1932, Vol. VII, 

No. 182) 

Statement by the President Including Declaration by 

Admiral Darlan 

Since November 8th people of North Africa 
have accomplished much in support of the war 
effort of the United Nations, and in doing so 
have definitely allied themselves on the side of 
liberalism against all for which the Axis stands 
in government. I am informed in this connection 
by General Eisenhower that Admiral Darlan has 
made the following declaration: 

"French Africa with the Allies must make the maximum 
military effort for the defeat of Germany and Italy. This 
will be accomplished by the unity of all citizens, regardless 
of their political or religious opinions, in an orderly and 
cohesive fashion. 

"At last liberated from German and Italian restrictions, 
the French authorities in Africa will adjust the situation 
which has existed in accordance with French national tra- 
ditions. Once France and the French Empire is free from 
the Axis yoke, the French people themselves will decide 
freely the form of government and national policy they 
desire. 

"In actual accomplishment the high commissioner has 
already granted full and complete amnesty to all against 
whom any action had been taken because of sympathy 
to the Allies. Certain of these have been given important 
posts in the High Commissariat. He has restored to their 
proper ranks and emoluments all Army officers who had 
been suspended from office because of rendering aid to 
the Allies. He is now organizing a body of representa- 
tive private citizens to work with him in an advisory and 

34 



35 

-consultative capacity in carrying on official business. Pris- 
oners and internees of the United Nations were promptly 
released and their travel to seaboard expedited. 

"The High Commissioner has begun the restoration of 
rights to those persons from whom these had previously 
been taken because of race. Measures have been taken to 
stop immediately whatever persecution of the Jews may 
have resulted from the laws passed in France under Ger- 
man pressure. His announced purpose is to give just 
treatment to all elements making up the complex North 
African population to the end that all can dwell and work 
together under laws insuring mutual tolerance and respect 
for rights. 

"There is little industrial development in North Africa 
and Vichy laws prejudicial to labor unions had little or no 
application and all reports show no serious problem here. 
Censorship of the press and radio in which Allied authori- 
ties participate is only that which is necessary for the 
security of military operation. 

"On the practical military side, General Giraud has con- 
ducted the most active participation of the Armed Forces 
of North and West Africa in the Allied war effort. Units 
of substantial size under the leadership of General Giraud 
are fighting side by side with the United Nations in Tunisia 
against the Germans and Italians. All posts and airfield 
^facilities including the services of officials and technicians 
have been made freely available for use by the Allies. North 
African shipping is already entering the services of the Allied 
Nations. Railroads, motor trucks, communications, public 
and private buildings and everything that North Africa has 
to give have been freely offered to the Allied Forces, wherever 
a military need exists. 

"I have stated emphatically and repeatedly to the Com- 
mander in Chief, General Eisenhower, that in leading North, 
and West Africa against Germany and Italy and into the 
ranks of the United Nations, I seek no assistance or support 
for any personal ambitions. I have announced that my sole 
purpose is to save French Africa, help free France and then 
retire to private life with a hope that the future leaders of 
France may be selected by the French people themselves and 
by no one else." 



XIII. Declaration Regarding Forced Transfers 
of Property in Enemy-Controlled Territory 

(Dept. of State Bulletin, January 9, 1943, Vol. VIII, 

No. 185) 

The text of a declaration which has been made 
by the United States and certain others of the 
United Nations, regarding forced transfers of 
property in enemy-controlled territory, follows: 

"The Union of South Africa, the United States of 
America, Australia, Belgium, Canada, China, the Czecho- 
slovak Bepublic, the United Kingdom of Great Britain 
and Northern Ireland, the Union of Soviet Socialist Re- 
publics, Greece, India, Luxembourg, the Netherlands, New 
Zealand, Norway, Poland, Yugoslavia and the French 
National Committee: 

"Hereby issue a formal warning to all concerned, 
and in particular to persons in neutral countries, that they 
intend to do their utmost to defeat the methods of dis- 
possession practiced by the governments with which they 
are at war against the countries and peoples who have 
been so wantonly assaulted and despoiled. 

"Accordingly the governments making this declaration 
and the French National Committee reserve all their rights 
to declare invalid any transfers of, or dealings with, 
property, rights and interests of any description whatso- 
ever which are, or have been, situated in the territories 
which have come under the occupation or control, direct 
or indirect, of the governments with which they are at 
war or which belong or have belonged, to persons, includ- 
ing juridical persons, resident in such territories. This 
warning applies whether such transfers or dealings have 
taken the form of open looting or plunder, or of transac- 
tions apparently legal in form, even when they purport 
to be voluntarily effected. 

"The governments making this declaration and the 
French National Committee solemnly record their soli- 
darity in this matter." 

36 



XIV. Agreement With Great Britain Regarding 
Problems of Marine Transportation and Liti- 
gation 

(Department of State Bulletin, January 9, 1943, Vol. VIII, 

No. 185) 

An agreement between the United States and 
Great Britain on certain problems of marine 
transportation and litigation was signed by the 
American Ambassador in London, Mr. John G. 
Winant, and the British Foreign Secretary, Mr. 
Anthony Eden, on December 4, 1942. This agree- 
ment is another example of the close cooperation 
between the two Governments in the prosecution 
of the war. It is abundantly clear that merchant 
shipping is at the nerve center of the whole war 
effort. This agreement aims at eliminating losses 
of tonnage and manpower in useless litigation. 
In general, each Government has agreed to waive 
claims against the other arising out of collisions, 
damage to cargo, and the rendering of salvage 
services. In the end, of course, with two great 
fleets such as ours the litigation proves useless. 
Recoveries tend to even themselves out. No finan- 
cial advantage is gained by either Government, 
but much essential manpower is lost in the 
process. 

Ordinarily a casualty at sea involves the ex- 
penditure of much time and skilled manpower in 
assessing the amounts payable by the various 
parties interested in both ship and cargo. Delays 
occur and frequently ships are threatened with 
arrest or even actually arrested in order that 

37 



38 

security may be provided for meeting the claims 
asserted. 

AH this is now a thing of the past where the 
interests involved are those of the British and 
United States Governments. In future, if a col- 
lision occurs between a ship belonging to the one 
Government (whether warship or merchantman) 
and a ship belonging to the other Government, 
no legal proceedings will be taken to determine 
the degree of blame and no claims for damages 
will be made by either Government against the 
other. The work of repair will be undertaken at 
once without thought of anything but getting the 
damaged ship back into service in the war effort 
at the earliest possible moment. 

Nor where cargoes belonging to one Govern- 
ment are damaged while on board a ship belong- 
ing to the other Government will time be wasted 
in the future in determining the liability for such 
damage. General average contributions will not 
be payable by the one Government to the other. 

Another interesting feature of the agreement 
is that in the future all salvage services rendered 
by either Government to the ships or cargo owned 
or insured by the other will be rendered on lend- 
lease terms, each Government paying its own na- 
tionals. The sole object of salvage services ren- 
dered will be to bring the ship or cargo salved 
back into service as rapidly as possible without 
regard to any financial considerations. 

Article IV of the agreement is a further ex- 
ample of close cooperation. Either Government 
may call upon the other for legal assistance where 
vessels or cargo owned by the one Government 



39 

are threatened with arrest in the courts of the 
other. Where a request is made for such assist- 
ance the Treasury Solicitor in the United King- 
dom and the Attorney General in the United 
States will make arrangements for the immediate 
release of the ship and for the protection of the 
interests of the other Government. Clearly it is 
of as much interest to the United States that 
British ships sail as that American ships sail, and 
vice versa. All are equally devoted to the com- 
mon cause. This article means to insure that 
there will be no delays. 

It will be observed that the provisions of the 
agreement regarding waiver of claims relate only 
to claims of one Government against the other and 
do not apply to claims between either Government 
and private interests. 

The texts of the agreement and of an exchange 
of notes in connection therewith follow. 

The Government of the United States of Amer- 
ica and the Government of the United Kingdom 
of Great Britain and Northern Ireland being de- 
sirous of defining, in so far as certain problems of 
marine transportation and litigation are con- 
cerned, the manner in which shall be provided 
mutual aid in the conduct of the war including the 
aid contemplated by the Agreements concluded be- 
tween them at Washington on the 23rd February, 
1942, and the 3rd September, 1942, have agreed 
as follows: 

Article 1 

(1) Each contracting Government agrees to 
waive all claims arising out of or in connection 
with negligent navigation or general average in 



40 

respect of any cargo or freight owned by such 
Government and in respect of any vessel (includ- 
ing naval vessel) owned by such Government 
against the other contracting Government or any 
cargo, freight or vessel (including naval vessel) 
owned by such other Government or against any 
servant or agent of such other Government or in 
any case where such other Government represents 
that such claim if made would ultimately be borne 
by such other Government. 

(2) Each contracting Government agrees on 
behalf of itself and of any organisation which 
is owned or controlled by it and operating for its 
account or on its behalf to waive all claims for 
salvage services against the other contracting 
Government or against any cargo, freight or 
vessel (including naval vessel) owned by such 
other Government or in any case where such other 
Government represents that such salvage claim if 
made would ultimately be borne by such other 
Government. 

(3) Each contracting Government agrees to 
waive all claims for loss of or damage to cargo 
owned by such Government and arising out of 
the carriage thereof or for loss of or damage to 
any cargo or vessel owned by one contracting 
Government and caused by the shipment or car- 
riage of cargo owned by the other contracting 
Government against such other Government or 
against any servant or agent of such other Gov- 
ernment or against any vessel (including naval 
vessel) owned by such other Government or in 
any case where such other Government repre- 
sents that the claim if made would ultimately be 
borne by such other Government. 



41 

(4) Each contracting Government undertakes 
not to make any claim in respect of any vessel or 
cargo insured by it to which it may be entitled by 
virtue of any right of subrogation either — 

(a) directly against the other contracting Gov- 
ernment; or 

(b) in any case where such other Government 
represents that such claim if made would ulti- 
mately be borne by such other Government. 

(5) Each contracting Government agrees to ex- 
tend the principles of this Agreement to such 
other maritime claims as may from time to time 
be agreed between them. 

Article 2 

Where in any case claims arise which are not 
required to be waived by this Agreement in addi- 
tion to or in conjunction with claims which are 
so required to be waived and it is necessary in any 
proceedings including proceedings for the limita- 
tion of liability that claims be marshalled or for 
the proper assessment of any salvage or general 
average that values should be estimated, the pro- 
visions of this Agreement shall not apply but 
claims which would otherwise be required to be 
waived under this Agreement shall be asserted. 
Any recoveries, however, shall be waived by the 
Government entitled to such recoveries or at the 
option of such Government shall be dealt with in 
such other way as will give effect to the purposes 
of this Agreement. 

Article 3 

(1) For the purpose of this Agreement the 
expression " vessel owned by a contracting Gov- 



42 

eminent" includes a vessel on bare boat charter 
to a contracting Government or requisitioned by 
a contracting Government on bare boat terms or 
otherwise in the possession of a contracting Gov- 
ernment (except to the extent that the risk of 
loss or liability is borne by some person other 
than either contracting Government). 

(2) In order to carry out the full intention of 
the provisions of Article 1 of this Agreement each 
contracting Government will so arrange in con- 
nection with bare boat charters to it that the 
owners or persons interested through such own- 
ers shall not have or assert any claims of the 
character specified in Article 1, 

Article 4 

Each contracting Government upon the request 
of the other will provide undertakings for the 
release of vessels or cargo owned by the other 
contracting Government from judicial proceed- 
ings in Courts in the United States of America 
or in the United Kingdom as the case may be 
where such release will promote the war effort 
and the requesting Government so represents, 
upon compliance with the following conditions: 

(a) upon the tender of such request due au- 
thority will be conferred by the Government inter- 
ested in such vessel or cargo upon the law officers 
of the Government furnishing the undertaking to 
appear on their behalf and to conduct the defence 
of such proceedings in so far as such vessel or cargo 
is concerned, to settle or compromise any such suit, 
to assert or settle and compromise any claim to 
which the requesting Government may be entitled 



43 

in respect to the subject matter of the suit and to 
make and receive payments in respect thereof; 
and 

(b) the requesting Government upon tendering 
such a request will assure the other Government of 
its full co-operation in making defence to such suit 
and asserting such claims including the making 
available of witnesses and evidence and including 
preparation for trial. 

Unless otherwise agreed, each contracting Gov- 
ernment will reimburse or account to the other 
for any payment made or received by the one 
Government on behalf of the other. 

Article 5 

Nothing in this Agreement shall be construed 
as a waiver of the right of either contracting 
Government in appropriate cases to assert sov- 
ereign immunity. 

Article 6 

(1) This Agreement, which shall come into 
force on the date of signature, shall apply in re- 
spect of all claims arising before the date of this 
Agreement but remaining unsettled at such date 
or which may arise during the currency of this 
Agreement. 

(2) This Agreement shall remain in force until 
the expiration of six months from the date upon 
which either of the contracting Governments shall 
have given notice in writing of their intention to 
terminate it. 

In witness whereof the undersigned, duly au- 
thorized to that effect by their respective Govern- 



44 

ments, have signed the present Agreement and 
have affixed thereto their seals. 

Done in London in duplicate, this fourth day of 
December, 1942. 

Exchange of Notes Between the American Am- 
dassador and the British Foreign Secretary 

December 4, 1942. 
Sir: 

With reference to Article IV of the agreement 
signed today between the Government of the 
United Kingdom of Great Britain and Northern 
Ireland and the Government of the United States 
of America relating to certain problems of mari- 
time transportation and litigation, I have the 
honor to state that for the present and until fur- 
ther notice it is the intention of my Government 
that the accounting contemplated by that Article 
will be accomplished under the Act of Congress of 
March 11, 1941 to the extent authorized under 
that Act. 

Accordingly, the Government of the United 
States will in appropriate cases make such pay- 
ments as are necessary in the course of operations 
under the agreement according to its procedure 
in the administration of that Act and will receive 
any moneys which may accrue in the course of 
such operations as a benefit under that Act and 
Article VI of the agreement between our two Gov- 
ernments dated February 23, 1942. 

Accept [etc.] John G. Winant 



XV. Agreement With Belgium Providing Aid to 
the United States and Its Armed Forces 

(Department of State Bulletin, February 6, 1943, Vol.- 

VIII, No. 189) 

An agreement specifying the principles and pro- 
cedures applicable to the provision of aid to the 
United States and its armed forces by the Govern- 
ment of Belguim was concluded January 30 by an 
exchange of notes between the Secretary of State 
and the Belgian Ambassador, Count Robert van 
der Straten Ponthoz. The Government of Bel- 
guim, without awaiting the signature of the agree- 
ment, has for some time been extending such aid. 

The texts of the notes, which are similar to 
those exchanged on September 3, 1942 with the 
Governments of the United Kingdom, Australia, 
and New Zealand, follow: 

The Belgian Ambassador to the Secretary Of State 

January 30, 1943. 
Sir: 

In the United Nations declaration of January 
1, 1942, the contracting governments pledged them- 
selves to employ their full resources, military and 
economic, against those nations with which they 
are at war ; and in the Agreement of June 16, 1942, 
each contracting government undertook to provide 
the other with such articles, services, facilities or 
information useful in the prosecution of their com- 
mon war undertaking as each may be in a position 
to supply. It is further the understanding of the 
Government of Belgium that the general principle 

557590—44 4 45 



46 

to be followed in providing mutual aid as set forth 
in the said Agreement of June 16, 1942, is that the 
war production and the war resources of both 
Nations should be used by the armed forces of 
each and of the other United Nations in ways 
which most effectively utilize the available ma- 
terials, manpower, production facilities and ship- 
ping space. 

With a view, therefore, to supplementing Arti- 
cle II and Article VI of the Agreement of June 
16, 1942, between our two Governments for the 
provision of reciprocal aid, I have the honor to 
set forth the understanding of the Government 
of Belgium of the principles and procedures ap- 
plicable to the provision of aid by the Government 
of Belguim to the armed forces of the United 
States and the manner in which such aid will be 
correlated with the maintenance of such forces by 
the United States Government. 

1. The Government of Belgium, retaining the 
right of final decision in each case in the light of 
its potentialities and responsibilities, will provide 
the United States or its armed forces with the fol- 
lowing types of assistance as such reciprocal aid, 
when it is found that they can most effectively be 
procured in Belgium or the Belgian Congo : 

(a) Supplies, materials, facilities and services 
for the United States forces, except for the pay 
and allowances of such forces, administrative ex- 
penses, and such local purchases as its official 
establishments may make other than through the 
official establishments of the Government of Bel- 
gium as specified in paragraph 2. 

(b) Supplies, materials and services needed in 
the construction of military projects, tasks and 



47 

similar capital works required for the common 
war effort in Belgium or the Belgian Congo, ex- 
cept for the wages and salaries of United States 
citizens. 

(c) Supplies, materials and services needed in 
the construction of such military projects, tasks 
and capital works in territory other than Belgium 
or the Belgian Congo or territory of the United 
States to the extent that Belgium or the Belgian 
Congo is a more practicable source of supply than 
the United States or another of the United 
Nations. 

2. The practical application of, the principles 
formulated in this note, including the procedure 
by which requests for aid are made and acted 
upon, shall be worked out as occasion may require 
by agreement between the two Governments, act- 
ing when possible through their appropriate mili- 
tary or civilian administrative authorities. Re- 
quests by the United States Government for such 
aid will be presented by duly authorized authori- 
ties of the United States to official agencies of the 
Belgian Government which will be designated or 
established by the Government of Belgium for the 
purpose of facilitating the provision of recipro- 
cal aid. 

3. It is the understanding of the Government of 
Belgium that all such aid, as well as other aid, 
including information, received under Article VI 
of the Agreement of June 16, 1942, accepted by 
the President of the United States or his author- 
ized representatives from the Government of Bel- 
gium will be received as a benefit to the United 
States under the Act of March 11, 1941. In so far 
as circumstances will permit, appropriate record 



48 

of aid received under this arrangement, except for 
miscellaneous facilities and services, will be kept 
by each Government. 

If the Government of the United States concurs 
in the foregoing, I would suggest that the present 
note and your reply to that effect be regarded as 
placing on record the understanding of our two 
Governments in this matter and that for clarity 
and convenience of administration these arrange- 
ments be made retroactive to June 16, 1942, the 
date of the Agreement of the two Governments on 
the principles of mutual aid. 

I avail [etc.] 

Count E. van der Straten Ponthoz 

The Secretary of State to the Belgian 
Ambassador 

January 30, 1943. 
Excellency : 

I have the honor to acknowledge the receipt of 
your note of today's date concerning the princi- 
ples and procedures applicable to the provision of 
aid by the Government of Belgium to the armed 
forces of the United States of America. 

In reply I wish to inform you that the Govern- 
ment of the United States agrees with the under- 
standing of the Government of Belgium as 
expressed in that note. In accordance with the 
Suggestion contained therein, your note and this 
reply will be regarded as placing on record the 
understanding between our two Governments in 
this matter. 

This further integration and strengthening of 
our common war effort gives me great satisfaction. 

Accept [etc.] Cordell Hull 



XVI. Capture of Prizes on the High Seas 

(Proclamation, No. 2575, January 30, 1943) 

"Whereas the act of August 18, 1942, Public Law 704, 77th 
Congress, contains in part the following provisions : 

" 'Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled^ 
That the district courts shall have original jurisdiction of all 
prizes captured during the present war on the high seas if 
said capture was made by authority of the United States or 
was adopted and ratified by the President of the United 
States and the prize was brought into the territorial waters 
of a cobelligerent or was taken or appropriated for the use 
of the United States on the high seas or in such territorial 
waters, including jurisdiction of all proceedings for the 

condemnation of such property taken as prize. 

* # * * * 

" 'Sec. 3. The jurisdiction of prizes brought into the terri- 
torial waters of a cobelligerent shall not be exercised under 
authority of this Act, nor shall prizes be taken or appropri- 
ated within such territorial waters for the use of the United 
States, unless the government having jurisdiction over such 
territorial waters consents to the exercise of such jurisdiction 
or to such taking or appropriation. 

>{■ St* £t£ ife £$£ 

" 'Sec. 7. A cobelligerent of the United States which con- 
sents to the exercise of the jurisdiction herein conferred with 
respect to prizes of the United States brought into its terri- 
torial waters and to the taking or appropriation of such prizes 
within its territorial waters for the use of the United States 
shall be accorded, upon proclamation by the President of the 
United States, like privileges with respect to prizes captured 
under authority of such cobelligerent and brought into the 
territorial waters of the United States or taken or appropri- 
ated in the territorial waters of the United States for the 
use of such cobelligerent. Reciprocal recognition and full 

49 



50 

f aitli and credit shall be given to the jurisdiction acquired by 
courts of a cobelligerent hereunder and to all proceedings had 
or judgments rendered in exercise of such jurisdiction. 5 

"Whereas the Government of the United Kingdom, a co- 
belligerent, has consented to the exercise of the jurisdiction 
conferred by the said act with respect to prizes of the United 
States brought into the territorial waters of the United 
Kingdom and Sierra Leone and to the taking or appropria- 
tion of such prizes within the territorial waters of the United 
Kingdom and Sierra Leone for the use of the United States : 

"Now, therefore, I,' Franklin D. Koosevelt, President of 
the United States of America, acting under and by virtue of 
the authority vested in me by the said act of August 18, 1942, 
do proclaim that the Government of the United Kingdom 
shall be accorded like privileges with respect to prizes cap- 
tured under authority of the said Government and brought 
into the territorial waters of the United States or taken or 
appropriated in the territorial waters of the United States 
for the use of the said Government. 

"In witness whereof, I have hereunto set my hand and 
caused the seal of the United States of America to be affixed. 

"Done at the City of Washington this 30th day of January 
in the year of our Lord nineteen hundred and forty-three and 
of the Independence of the United States of America the 
one hundred and sixty-seventh." 



XVII. Neutrality Act of 1939 

Joint Resolution Amending Section 7. Approved 
February 21, 1942 

(Public Law 459, 77th Cong., Chap. 104, 2d Sess.) 

Resolved by the Senate and House of Represen- 
tatives of the United States of America in Con- 
gress assembled. That Section 7 of the Neutrality 
Act of 1939 (Public Resolution Numbered 54, Sev- 
enty-sixth Congress) is amended by adding at the 
end thereof the following new paragraph: 

"(e) This section shall not be operative when the United 
States is at war." 

51 



XVIIL German Action With Respect to Ameri- 
cans Formerly Stationed in France 

(Dept. of State Bulletin, February 13, 1943, Vol. VIII, 

No. 190) 

At his press conference on February 11, 1943 
the Under Secretary of State, Mr. Sumner Welles, 
said there were one or two facts that he would like 
to ask the members of the press conference to 
think about since they were of particular im- 
portance and he wondered if the people of this 
country realized the full significance of what he 
had in mind. Mr. Welles said that he was talking 
about the action of the German Government in 
not only refusing to permit the diplomatic per- 
sonnel of the United States who had been stationed 
at Vichy to leave France but also the action of the 
Hitler government in taking that considerable 
number of American diplomatic officers and put- 
ting them in concentration in Germany. As the 
press would probably remember, Mr. Welles con- 
tinued, the reason for the action taken was that 
the German Government insisted that as part of 
the exchange involved, not only should the United 
States Government permit the members of the 
French Embassy staff here to return but also that 
we should permit the German members of the 
German Armistice Commission in North Africa, 
who had been taken at the time of the American 
occupation in North Africa, to be returned to 
Germany as a part of the exchange. Frankly, 
said Mr. Welles, that was one of the cheapest 

52 



53 

efforts of international blackmail that tie had yet 
known. After pointing out that the German 
Armistice Commission was composed of military 
and civilian members, Mr. Welles said that this 
Government agreed to permit the civilian members 
of the German Armistice Commission to be re- 
turned as a part of the exchange thereto properly 
in accordance with every principle of international 
conduct and law. The military members, Mr. 
Welles said, were regarded in a different category 
and not susceptible to that part of the exchange 
transaction. In conclusion, Mr. Welles said that 
that is the reason why our American diplomatic 
officials are now in concentration in Germany, and 
he thought it was important that the fact be 
known and thoroughly known. 

When asked if we had made any protest to the 
Germans through the Swiss, Mr. Welles said that 
we had made numerous protests on the subject. 
In reply to a question as to whether there was any 
further action that the Government could take, 
Mr. Welles said not for the moment and added 
that he would put it that way. 

Replying to a correspondent who asked if the 
military members were considered prisoners of 
war, Mr. Welles said that military members were 
considered by the War Department as prisoners 
of war. 

A correspondent asked if the Under Secretary 
could elaborate to any extent on the treatment 
being accorded the American diplomats in Ger- 
many and began to point out that Mr. Welles 
spoke of a concentration camp. Mr. Welles inter- 
rupted to say that he did not say " concentration 
camp" but had said "in concentration". Mr. 



54 

Welles said that he understood that the American 
diplomats were lodged in a hotel in western Ger- 
many and the reports so far would seem to indi- 
cate that they were obtaining good treatment. 
When asked if there was no prospect of their 
coming home, Mr. Welles said not for the time 
Tbeing for the reasons stated. 

A correspondent asked if that meant that our 
friends in Hershey, Pa., would have to stay there 
a while longer. Mr. Welles said that it seemed 
that way. 

When asked how many were involved, Mr. 
Welles said that the correspondents would be 
given the appropriate figure. (The total number 
of the American group in Germany is 139, of 
which 95 are personnel of the State, War, and 
Navy Departments and the remainder, journalists 
and Red Cross and other relief workers. The 
Germans involved in the prospective exchange 
total 71, of which 47 are military personnel and 24 
civilians.) 



XIX. United States Trade With Spain 

Statement by the Acting Secretary of State, Mr. Welles 

(Dept. of State Bulletin, March 6, 1943, Vol. VIII, No. 193) 

At the time American forces landed in North 
Africa the President gave the Spanish Govern- 
ment unqualified assurances that no action would 
be taken by our forces which would call for any 
departure by the Spanish Government from its 
position of neutrality in the war. The Spanish 
Government, on our invitation, gave us unquali- 
fied assurances that for its part the Spanish Gov- 
ernment was determined to continue its policy of 
neutrality and that it would resist by force any 
external aggression against its territories from 
whatever source. 

Our trade with Spain is a two-way trade, and 
there are certain commodities in Spain which are 
needed in our war effort. It is naturally in our 
interest that those Spanish commodities needed in 
this country should reach the United States rather 
than fall into enemy hands, and to accomplish this 
a trade program is necessary. The trade program 
with Spain has been carefully reviewed by the 
Joint Chiefs of Staff. 

Trade between the United States and Spain 
is of course subject to the control system jointly 
maintained by the United States and the British 
Governments, since the British are likewise en- 
gaged in a two-way trade program with Spain. 
The interchange of goods with Spain is a matter of 

55 



56 

joint discussion and programming between United 
States and British authorities. Before any goods 
from outside of Spain are permitted by the United 
States and British authorities to proced to their 
destination the fullest assurances satisfactory to 
both the British and the United States Govern- 
ments must be given by the importers and the 
Spanish Government that the goods will not be 
allowed, to reach enemy hands, directly or 
indirectly. 

As regards wartime trade between the United 
States and Spain, it must be recognized that this 
trade can be maintained only to such extent as 
both countries believe to be in their respective 
national interests. Naturally in the case of the 
United States all considerations in respect to 
foreign trade are definitely subordinated to the 
conduct of the war. . 

Spain requires a determinable minimum 
amount of petroleum from the Western Hemis- 
phere to maintain her economic life. The carefully 
restricted quality of petroleum which has been 
cleared by the two Governments destined to Spain 
has with the exception of packaged lubricants 
been obtained from sources outside of the United 
States and has been transported exclusively in 
Spanish tankers. This had had no effect what- 
soever on the quantity of petroleum available to 
any consumers in the United States. The 
restricted volume of petroleum imports into Spain 
has provided for minimum current needs and 
makes the accumulation of stocks impossible. No 
petroleum products of aviation grade have been 
included. 



XX. Bases in the Pacific 

(Dept. of State Bulletin, March 13, 1943, Yol. VIII, 

No. 194) 

At his press conference on March 8 the Acting 
Secretary of State, Mr. Welles, replying to a ques- 
tion of a correspondent concerning reports in con- 
gressional circles that informal assurances have 
been received from some of our Pacific allies con- 
cerning permanent rights to bases after the war, 
stated that that raised a very important general 
question and he thought the most helpful way he 
could approach it was along the lines that our 
whole policy is directed toward assuring ourselves 
that the security of this country and the security 
of the people of the United States would be com- 
pletely safeguarded at the end of this war. Cer- 
tainly one of the elements in that policy, Mr. 
Welles said, is the unconditional surrender and the 
complete disarmament of Japan. Mr. Welles con- 
tinued that his belief was that emphasis should be 
placed on the means of international security that 
can be achieved in the future so that the Pacific 
will be as safe for all law-abiding nations and 
peaceful nations that are interested in the Pacific 
as for the United States. Not that the United 
States should claim that the Pacific should be a 
lake under American jurisdiction, but rather, Mr. 
Welles said, that it should be a peaceful lake 
equally secure and equally safe for all powers and 
particularly for all powers interested in the 

57 



58 

Pacific. Mr. Welles concluded that naturally the 
question which the correspondent asked was a 
question which he thought all the United Nations 
would wish to discuss — and particularly all the 
nations which are interested in the Pacific would 
wish to discuss. 



XXI. Treaty With China Ending 
Extraterritoriality 

(Signed January 11, 1943; Ratified May 4, 1943; Ratifica- 
tions Exchanged, May 20, 1943; Proclaimed May 24,. 
1943) 

The United States of America and the Republic 
of China, desirous of emphasizing the friendly re- 
lations which have long prevailed between their 
two peoples and of manifesting their common de- 
sire as equal and sovereign States that the high 
principles in the regulation of human affairs to 
which they are committed shall be made broadly 
effective, have resolved to conclude a treaty for 
the purpose of adjusting certain matters in the 
relations of the two countries, and have appointed 
as their Plenipotentiaries: 

The President of the United States of America, 

Mr. Cordell Hull, Secretary of State of the 
United States of America, and 

The President of the National Government of 
the Republic of China, 

Dr. Wei Tao-ming, Ambassador Extraordinary 
and Plenipotentiary of the Eepublic of China to 
the United States of America ; 

Who, having communicated to each other their 
full powers found to be in due form, have agreed 
upon the following articles : 

Akticle I 

All those provisions of treaties or agreements 
in force between the United States of America 

59 



60 

and the Republic of China which authorize the 
Government of the United States of America or 
its representatives to exercise jurisdiction over 
nationals of the United States of America in the 
territory of the Republic of China are hereby 
abrogated. Nationals of the United States of 
America in such territory shall be subject to the 
jurisdiction of the Government of the Republic of 
China in accordance with the principles of inter- 
national law and practice. 

Akticle II 

The Government of the United States of Amer- 
ica considers that the Final Protocol concluded at 
Peking on September 7, 1901, between the Chi- 
nese Government and other governments, includ- 
ing the Government of the United States of Amer- 
ica, should be terminated and agrees that the 
rights accorded to the Government of the United 
States of America under the Protocol and under 
agreements supplementary thereto shall cease. 

The Government of the United States of Amer- 
ica will cooperate with the Government of the 
Republic of China for the reaching of any neces- 
sary agreements with other governments con- 
cerned for the transfer to the Government of the 
Republic of China of the administration and con- 
trol of the Diplomatic Quarter at Peiping, includ- 
ing the official assets and the official obligations of 
the Diplomatic Quarter, it being mutually under- 
stood that the Government of the Republic of 
China in taking over administration and control 
of the Diplomatic Quarter will make provision for 
the assumption and discharge of the official obliga- 



61 

tions and liabilities of the Diplomatic Quarter 
and for the recognition and protection of all legi- 
timate rights therein. 

The Government of the Republic of China 
hereby accords to the Government of the United 
States of America a continued right to use for 
official purposes the land which has been allocated 
to the Government of the United States of Amer- 
ica in the Diplomatic Quarter in Peiping, on parts 
of which are located buildings belonging to the 
Government of the United States of America. 

Article III 

The Government of the United States of Amer- 
ica considers that the International Settlements 
at Shanghai and Amoy should revert to the admin- 
istration and control of the Government of the 
Republic of China and agrees that the rights ac- 
corded to the Government of the United States of 
America in relation to those Settlements shall 
cease. 

The Government of the United States of Amer- 
ica will cooperate with the Government of the 
Republic of China for the reaching of any neces- 
sary agreements with other governments con- 
cerned for the transfer to the Government of the 
Republic of China of the administration and con- 
trol of the International Settlements at Shanghai 
and Amoy, including the official assets and the 
official obligations of those Settlements, it being 
mutually understood that the Government of the 
Republic of China in taking over administration 
and control of those Settlements will make provi- 
sion for the assumption and discharge of the offi- 

557590 — 44 5 



62 

cial obligations and liabilities of those Settlements 
and for the recognition and protection of all legiti- 
mate rights therein. 

Article IV 

In order to obviate any questions as to existing 
rights in respect of or as to existing titles to real 
property in territory of the Republic of China 
possessed by nationals (including corporations or 
associations), or by the Government of the United 
States of America, particularly questions which 
might arise from the abrogation of the provisions 
of treaties or agreements as stipulated in Article 
I, it is agreed that such existing rights or titles 
shall be indefeasible and shall not be questioned 
upon any ground except upon proof, established 
through due process of law, of fraud or of fraudu- 
lent or other dishonest practices in the acquisition 
of such rights or titles, it being understood that 
no right or title shall be rendered invalid by vir- 
tue of any subsequent change in the official pro- 
cedue through which it was acquired. It is also 
agreed that these rights or titles shall be subject 
to the laws and regulations of the Republic of 
China concerning taxation, national defense, and 
the right of eminent domain, and that no such 
rights or titles may be alienated to the government 
or nationals (including corporations or associa- 
tions) of any third country without the express 
consent of the Government of the Republic of 
China. 

It is also agreed that if it should be the desire 
of the Government of the Republic of China to 
replace, by new deeds of ownership, existing leases 



63 

in perpetuity or other documentary evidence relat- 
ing to real property held by nationals, or by the 
Government of the United States of America, the 
replacement shall be made by the Chinese author- 
ities without charges of any sort and the new 
deeds of ownership shall fully protect the holders 
of such leases or other documentary evidence and 
their legal heirs and assigns without diminution 
of their prior rights and interests, including the 
right of alienation. 

It is further agreed that nationals or the 
Government of the United States of America 
shall not be required or asked by the Chinese au- 
thorities to make any payments of fees in connec- 
tion with land transfers for or with relation to 
any period prior to the effective date of this 
treaty. 

Article V 

The Government of the United States of 
America having long accorded rights to nationals 
of the Republic of China within the territory of 
the United States of America to travel, reside 
and carry on trade throughout the whole extent 
of that territory, the Government of the Republic 
of China agrees to accord similar rights to na- 
tionals of the United States of America within the 
territory of the Republic of China. Each of the 
two Governments will endeavor to have accorded 
in territory under its jurisdiction to nationals of 
the other country, in regard to all legal proceed- 
ings, and to matters relating to the administration 
of justice, and to the levying of taxes or require- 
ments in connection therewith, treatment not less 
favorable than that accorded to its own nationals. 



64 

Akticle VI 

The Government of the United States of 
America and the Government of the Republic 
of China mutually agree that the consular officers 
of each country, duly provided with exequaturs, 
shall be permitted to reside in such ports, places 
and cities as may be agreed upon. The consular 
officers of each country shall have the right to 
interview, to communicate with, and to advise 
nationals of their country within their consular 
districts; they shall be informed immediately 
whenever nationals of their country are under 
detention or arrest or in prison or are awaiting 
trial in their consular districts and they shall, 
upon notification to the appropriate authorities, 
be permitted to visit any such nationals; and, in 
general, the consular officers of each country shall 
be accorded the rights, privileges, and immunities 
enjoyed by consular officers under modern inter- 
national usage. 

It is likewise agreed that the nationals of each 
country, in the territory of the other country, 
shall have the right at all times to communicate 
with the consular officers of their country. Com- 
munications to their consular officers from na- 
tionals of each country who are under detention 
or arrest or in prison or are awaiting trial in the 
territory of the other country shal be forwarded 
to such consular officers by the local authorities. 

Article VII 

The Government of the United States of Amer- 
ica and the Government of the Eepublic of China 
mutually agree that they will enter into negotia- 



65 

tions for the conclusion of a comprehensive mod- 
ern treaty of friendship, commerce, navigation 
and consular rights, upon the request of either 
Government or in anv case within six months 
after the cessation of the hostilities in the war 
against the common enemies in which they are 
now engaged. The treaty to be thus negotiated 
will be based upon the principles of international 
law and practice as reflected in modern interna- 
tional procedures and in the modern treaties 
which the Government of the United States of 
America and the Government of the Republic of 
China respectively have in recent years concluded 
with other governments. 

Pending the conclusion of a comprehensive 
treaty of the character referred to in the pre- 
ceding paragraph, if any questions affecting the 
rights in territory of the Republic of China of 
nationals (including corporations or associations), 
or of the Government, of the United States of 
America should arise in future and if these ques- 
tions are not covered by the present treaty, or by 
the provisions of existing treaties, conventions, or 
agreements between the Government of the United 
States of America and the Government of the 
Republic of China not abrogated by or inconsist- 
ent with this treaty, such questions shall be dis- 
cussed by representatives of the two Govern- 
ments and shall be decided in accordance with 
generally accepted principles of international law 
and with modern international practice. 

Article VIII 

The present treaty shall come into force on the 
day of the exchange of ratifications. 



66 

The present treaty sliall be ratified, and the 
ratifications shall be exchanged at Washington as 
soon as possible. 

Signed and sealed in the English and Chinese 
languages, both equally authentic, in duplicate, at 
Washington, this eleventh day of January, one 
thousand nine hundred forty-three, corresponding 
to the eleventh day of the first month of the 
thirty-second year of the Republic of China. 

Cordell Hull [seal] 
Wei Tao-ming [seal] 

Supplementary Exchange of Notes 

Chinese Embassy, 
Washington, January 11, 1943. 
Honorable Cordell Hull, 

Secretary of State. 
Excellency : 

Under instruction of my Government, I have 
the honor to state that in connection with the 
treaty signed today by the Government of 
the Republic of China and the Government of the 
United States of America, in which the Govern- 
ment of the United States of America relin- 
quishes its extraterritorial and related special 
rights in China, it is the understanding of the 
Government of the Republic of China that the 
rights of the Government of the United States 
of America and of its nationals in regard to the 
systems of treaty ports and of special courts 
in the International Settlements at Shanghai 
and Amoy and in regard to the employment of 
foreign pilots in the ports of the territory of 
China are also relinquished. In the light of the 



67 

abolition of treaty ports as such, it is understood 
that all coastal ports in the territory of the Re- 
public of China which are normally open to 
American overseas merchant shipping will re- 
main open to such shipping after the coming 
into effect of the present treaty and the accom- 
panying exchange of notes. 

It is mutually agreed that the merchant ves- 
sels of each country shall be permitted freely to 
come to the ports, places, and waters of the 
other country which are or may be open to over- 
seas merchant shipping, and that the treatment 
accorded to such vessels in such ports, places, 
and waters shall be no less favorable than that 
accorded to national vessels and shall be as 
favorable as that accorded to the vessels of any 
third country. 

It is mutually understood that the Government 
of the United States of America relinquishes the 
special rights which vessels of the United States 
of America have been accorded with regard to 
the coasting trade and inland navigation in the 
waters of the Republic of China and that the 
Government of the Republic of China is prepared 
to take over any American properties that may 
have been engaged for those purposes and to pay 
adequate compensation therefor. Should either 
country accord the rights of inland navigation 
or coasting trade to vessels of any third country 
such rights would similarly be accorded to the 
vessels of the other country. The coasting trade 
and inland navigation of each country are ex- 
cepted from the requirement of national treatment 
and are to be regulated according to the laws of 



68 

each country in relation thereto. It is agreed, 
however, that vessels of either country shall enjoy 
within the territory of the other country with 
respect to the coasting trade and inland naviga- 
tion treatment as favorable as that accorded to 
the vessels of any third country. 

It is mutually understood that the Government 
of the United States of America relinquishes the 
special rights which naval vessels of the United 
States of America have been accorded in the 
waters of the Republic of China and that the 
Government of the Republic of China and the 
Government of the United States of America shall 
extend to each other the mutual courtesy of visits 
by their warships in accordance with international 
usage and comity. 

It is mutually understood that questions which 
are not covered by the present treaty and ex- 
change of notes and which may affect the sover- 
eignty of the Republic of China shall be discussed 
by representatives of the two Governments and 
shall be decided in accordance with generally 
accepted principles of international law and with 
modern international practice. 

With reference to Article IV of the treaty, the 
Government of the Republic of China hereby 
declares that the restriction on the right of 
alienation of existing rights or titles to real 
property referred to in that article will be ap- 
plied by the Chinese authorities in an equitable 
manner and that if and when the Chinese Gov- 
ernment declines to give assent to a proposed 
transfer the Chinese Government will, in a spirit 
of justice and with a view to precluding loss 
on the part' of American nationals whose in- 



69 

terests ar6 affected, undertake, if the American 
party in interest so desires, to take over the right 
or title in question and to pay adequate compen- 
sation therefor. 

It is mutually understood that the orders, de- 
crees, judgments, decisions and other acts of the 
United States Court for China and of the 
Consular Courts of the United States of America 
in China shall be considered as res judicata and 
shall, when necessary, be enforced by the Chinese 
authorities. It is further understood that any 
cases pending before the United States Court 
for China and the Consular Courts of the United 
States of America in China at the time of the 
coming into effect of this treaty shall, if the plain- 
tiff or petitioner so desires, be remitted to the 
appropriate courts of the Government of the Re- 
public of China which shall proceed as expedi- 
tiously as possible with their disposition and in 
so doing shall in so far as practicable apply the 
laws of the United States of America. 

It is understood that these agreements and 
understandings if confirmed by Your Excellency's 
Government shall be considered as forming an in- 
tegral part of the treaty signed today and shall be 
considered as effective upon the date of the en- 
trance into force of that treaty. 

I shall be much obliged if Your Excellency will 
confirm the foregoing. 

I avail [etc.] Wei Tao-ming 



XXII. Embassy Rank for Representation Be- 
tween the United States and Seven American 



(Dept. of State Bulletin, March 27, 1943, Vol. VIII, 

No. 196) 

The Governments of Costa Rica, the Dominican 
Republic, El Salvador, Guatemala, Haiti, Hon- 
duras, Nicaragua, and the United States an- 
nounced on March 23 that arrangements have 
been made whereby the Legations maintained by 
the above-named American republics in the United 
States and the respective Legations of the United 
States in those countries will be elevated to the 
rank of Embassy. The change in status will 
become effective with respect to each diplomatic 
mission upon the presentation of the letters of 
credence of the first Ambassador to become chief 
of that mission. 

As a result of the exchange of Ambassadors be- 
tween the United States and the 7 other American 
republics named, all the diplomatic missions of 
the 20 other American republics in the United 
States, and all United States diplomatic missions 
to the other American republics, will hereafter 
be embassies. This, besides signifying the steady 
strengthening of the bonds of friendship, culture, 
and commerce among the American republics con- 
cerned, gives formal recognition to the democratic 
principle of juridical equality that governs the 
mutual relations of all the American republics. 

70 



XXIII. Transmission of Messages to or from 

Enemy Territory 

(Dept. of State Bulletin, April 10, 1943, Vol. VIII, No. 198) 

The transmission to or from enemy territory of 
private messages or of documents intended for 
private use is subject to the restrictions herein- 
after indicated, which have been prescribed in 
consultation with the Secretary of the Treasury, 
the Director of Censorship, and the Alien Prop- 
erty Custodian, to whom the President has dele- 
gated certain of his powers and authority under 
the Trading with the Enemy Act to license acts, 
transactions, and communications prohibited by 
sections 3 (a) and 3 (c) of the act. 

1. Documents. — The United States Government 
does not permit, by open mail, diplomatic chan- 
nels, or otherwise, directly or indirectly, the trans- 
mission from the United States to enemy territory 
or from enemy territory to the United States of 
documents intended for private use, such as birth, 
marriage, or death certificates; divorce decrees; 
legal notices concerning estates, lawsuits, etc.; 
powers of attorney ; affidavits ; deeds to real prop- 
erty; miscellaneous legal documents concerning 
property or litigation; commissions to take testi- 
mony or other documents pertaining to deposi- 
tions; subpoenas, citations, complaints, or other 
forms of legal process ; or forms submitted in con- 
nection with claims for pensions, disability 
allowances, insurance benefits, etc. 

71 



72 

2. Messages, — With the exceptions stated in 
paragraphs 3 and 4 below, the United States 
Government do not permit, by open mail, tele- 
phone, telegraph, diplomatic channels, or other- 
wise, directly or indirectly, the transmission from 
the United States to enemy territory or from 
enemy territory to the United States of private 
messages such as those pertaining to private prop- 
erty, business, estates, or the discharge of financial 
obligations. (The direct or indirect transfer of 
funds to enemy territory for the payment of 
charges arising in connection with private Ameri- 
can property, real or personal, in enemy territory, 
such as taxes, rent, salaries of custodians, insur- 
ance premiums, repairs, and cost of packing or 
storage is likewise prohibited.) 

3; Communication through Bed Cross facili- 
ties.— Brief paraphrased messages of a personal 
nature, including welfare and whereabouts in- 
quiries, may be transmitted by telegraph or, 
where possible, by mail to or from enemy terri- 
tory through the facilities of the international 
Red Cross, the American Red Cross, and other 
national Red Cross societies or those of other 
organizations or societies licensed by the Director 
of Censorship. All such messages are subjected 
to censorship before being forwarded. They are 
restricted to subjects of a personal nature, such 
as the welfare and whereabouts of friends or 
relatives, and will" not be transmitted if they 
contain references to business or financial mat- 
ters. The facilities of the International Red 
Cross. and other Red Cross societies are available 
to all persons regardless of nationality. For 
further information concerning the transmission 



73 

of messages through Red Cross facilities, appli- 
cation may be made to the nearest chapter of the 
American Red Cross. 

4. Communication through official channels. — 
Only in exceptional circumstances will the De- 
partment of State undertake the transmission to 
enemy territory by official telegrams of messages 
of a personal nature. If satisfied that efforts 
have been made to communicate through Red 
Cross facilities and that such efforts have proved 
unsuccessful, the Department will accept for 
transmission to enemy territory by telegraph in 
behalf of nationals of the United States and at 
their expense brief messages restricted, like those 
transmitted through Red Cross facilities, to sub- 
jects of a personal nature. Before being for- 
warded, such messages will be paraphrased by 
the Department of State and subjected to 
censorship. Only in similar exceptional circum- 
stances will the diplomatic and consular repre- 
sentatives of the Swiss Government protecting 
American interests in enemy territory transmit 
by official telegrams messages of a personal nature 
from enemy territory to the United States. 

5. Communication with prisoners of war and 
internees. — The foregoing restrictions upon the 
transmission to or from enemy territory of pri- 
vate messages and documents intended for private 
use are not construed as modifying or limiting 
the provisions of title III, section IV, of the 
convention relating to the treatment of prisoners- 
of war, signed at Geneva on July 27, 1929. In- 
formation concerning the procedure to be followed 
in communicating with prisoners of war or with 
civilian internees in enemy territory may be 



74 

obtained by addressing the Office of the Provost 
Marshal General, War Department, Washington, 
D. 0. 

6. Enemy territory. — The term enemy territory 
as used herein shall be understood to mean enemy 
territory as defined in General Ruling 11, issued 
on March 18, 1942 by the Treasury Department 
pursuant to Executive Order 8389, as amended. 
It includes Germany; Italy; Japan; Albania; 
Austria; that portion of Belgium within conti- 
nental Europe; Bulgaria; that portion of Burma 
occupied by Japan; that portion of China occu- 
pied by Japan ; Czechoslovakia ; Danzig ; that por- 
tion of Denmark within continental Europe; 
Estonia; that portion of France within continen- 
tal Europe occupied by Germany or Italy ; French 
Indochina; Greece; Hong Kong; Hungary; Lat- 
via; Lithuania; Luxembourg; British Malaya; 
Monaco ; that portion of the Netherlands within 
continental Europe; that portion of the Nether- 
lands East Indies occupied by Japan; Norway; 
that portion of the , Philippine Islands occupied 
by Japan; Poland; Rumania; San Marino; Thai- 
land ; that portion of the Union of Soviet Socialist 
Republics occupied by Germany ; Yugoslavia ; and 
any other territory controlled or occupied by 
Germany, Italy, or Japan. 

The above information was issued by the De- 
partment of State under date of March 1, 1943. 



XXIV, Japanese Trial and Execution of 
American Aviators 

Statement by the President 

(Dept. of State Bulletin, April 24, 1943, Vol. VIII, No. 

200) 

It is with a feeling of deepest horror, which 
I know will be shared by all civilized peoples, that 
I have to announce the barbarous execution by 
the Japanese Government of some of the members 
of this country's armed forces who fell into 
Japanese hands as an incident of warfare. 

The press has just carried the details of the 
American bombing of Japan a year ago. The 
crews of two of the American bombers were cap- 
tured by the Japanese. On October 19, 1942 this 
Government learned from Japanese radio broad- 
casts of the capture, trial, and severe punishment 
of those Americans. Continued endeavor was 
made to obtain confirmation of those reports from 
Tokyo. It was not until March 12, 1943 that the 
American Government received the communica- 
tion given by the Japanese Government stating 
that these Americans had in fact been tried and 
that the death penalty had been pronounced 
against them. It was further stated that the 
death penalty was commuted for some but that the 
sentence of death had been applied to others. 

This Government has vigorously condemned 
this act of barbarity in a formal communication 
sent to the Japanese Government. In that com- 

75 



76 

munication this Government has informed the 
Japanese Government that the American Gov- 
ernment will hold personally and officially respon- 
sible for these diabolical crimes all of those officers 
of the Japanese Government who have partici- 
pated therein and will in due course bring those 
officers to justice. 

This recourse by our enemies to frightfulness 
is barbarous. The effort of the Japanese warlords 
thus to intimidate us will utterly fail. It will 
make the American people more determined than 
ever to blot out the shameless militarism of Japan. 

I have instructed the Department of State to 
make public the text of our communication to the 
Japanese Government. 

United States Communication of April 12, 1943, to the 
Japanese Government 

The Government of the United States has 
received the reply of the Japanese Government 
conveyed under date of February 17, 1943, to the 
Swiss Minister at Tokyo to the inquiry made by 
the Minister on behalf of the Government of the 
United States concerning the correctness of 
reports broadcast by Japanese radio stations that 
the Japanese authorities intended to try before 
military tribunals American prisoners of war, for 
military operations, and to impose upon them 
severe penalties including even the death penalty. 

The Japanese Government states that it has 
tried the members of the crews of American 
planes who fell into Japanese hands after the raid 
on Japan on April 18 last, that they were sen- 
tenced to death and that, following commutation 
of the sentence for the larger number of them, the- 



77 

sentence of death was applied to certain of the 
accused. 

The Government of the United States has subse- 
quently been informed of the refusal of the 
Japanese Government to treat the remaining 
American aviators as prisoners of war, to divulge 
their names, to state the sentences imposed upon 
them or to permit visits to them by the Swiss 
Minister as representative of the protecting 
Power for American interests. 

The Japanese Government alleges that it has 
subjected the American aviators to this treatment 
because they intentionally bombed non-military 
installations - and deliberately fired on civilians, 
and that the aviators admitted these acts. 
" The Government of the United States informs 
the Japanese Government that instructions to 
American armed forces have always ordered those 
forces to direct their attacks upon military objec- 
tives. The American forces participating in the 
attack on Japan had such instructions and it is 
known that they did not deviate therefrom. The 
Government of the United States brands as false 
the charge that American aviators intentionally 
have attacked non-combatants anywhere. 

With regard to the allegation of the Japanese 
Government that the American aviators admitted 
the acts of which Japanese Government accuses 
them, there are numerous known instances in 
which Japanese official agencies have employed 
brutal and bestial methods in extorting alleged 
confessions from persons in their power. It is 
customary for those agencies to use statements 
obtained under torture, or alleged statements, in 
proceedings against the victims. 

557590 — 44 6 



78 

If the admissions alleged by the Japanese Gov- 
ernment to have been made by the American avia- 
tors were in fact made, they could only have been 
extorted fabrications. 

Moreover, the Japanese Government entered 
into a solemn obligation by agreement with the 
Government of the United States to observe the 
terms of the Geneva Prisoners of War Conven- 
tion. Article 1 of that Convention provides for 
treatment as prisoners of war of members of 
armies and of persons captured in the course of 
military operations at sea or in the air. Article 
60 provides that upon the ojjening of a judicial 
proceeding directed against a prisoner of war, the 
representative of the protecting Power shall be 
given notice thereof at least three weeks prior to 
the trial and of the names and charges against the 
prisoners who are to be tried. Article 61 provides 
that no prisoner may be obliged to admit himself 
guilty of the act of which he is accused. Article 
62 provides that the accused shall have the assist- 
ance of qualified counsel of his choice and that a 
representative of the protecting Power shall be 
permitted to attend the trial. Article 65 provides 
that sentence pronounced against the prisoners 
shall be communicated to the protecting Power 
immediately. Article 66 provides, in the event 
that the death penalty is pronounced, that the 
details as to the nature and circumstances of the 
offense shall be communicated to the protecting 
Power, for transmission to the Power in whose 
forces the prisoner served, and that the sentence 
shall not be executed before the expiration of a 
period of at least three months after such com- 



79 

munication. The Japanese Government has not 
complied with any of these provisions of the Con- 
vention in its treatment of the captured American 
aviators. 

The Government of the United States calls 
again upon the Japanese Government to carry 
out its agreement to observe the provisions of the 
Convention by communicating to the Swiss Min- 
ister at Tokyo the charges and sentences imposed 
upon the American aviators, by permitting the 
Swiss representatives to visit those now held in 
prison, by restoring to those aviators the full 
rights to which they are entitled under the Pris- 
oners of War Convention, and by informing the 
Minister of the names and disposition or place of 
burial of the bodies of any of the aviators against 
whom sentence of death has been carried out. 

If, as would appear from its communication 
under reference, the Japanese Government has 
descended to such acts of barbarity and manifesta- 
tions of depravity as to murder in cold blood uni- 
formed members of the American armed forces 
made prisoners as an incident of warfare, the 
American Government will hold personally and 
officially responsible for those deliberate crimes all 
of those officers of the Japanese Government who 
have participated in their commitment and will in 
due course bring those officers to justice. 

The American Government also solemnly warns 
the Japanese Government that for any other vio- 
lations of its undertakings as regards American 
prisoners of war or for any other acts of criminal 
barbarity inflicted upon American prisoners in 
violation of the rules of warfare accepted and 



80 

practiced by civilized nations as military opera* 
tions now in progress draw to their inexorable and 
inevitable conclusion, the American Government 
will visit upon the officers of the Japanese Govern- 
ment responsible for such uncivilized and inhu- 
mane acts the punishment they deserve. 



XXV. Termination of Informal Relations With 
the French Antilles 

(Dept. of State Bulletin, May 1, 1943, Vol. VIII, No. 201) 

The text of a note delivered on instruction of 
the Secretary of State to Admiral Georges Robert, 
French High Commissioner, by Marcel E. Malige, 
American Consul General at Martinique, on April 
26, 1943 follows: 

"In November of last year, the Government of the United 
States informed the French High Commissioner that it 
was prepared to maintain its relations with the French 
territories in the Westen Hemisphere on an informal basis. 
It pointed out, however, that in view of the imminent full 
German occupation of France, it regarded any regime 
which the Germans might permit to function in Metro- 
politan France as being under the complete domination of 
Hitler. This view was later confirmed by the completion 
of the German occupation of all French metropolitan terri- 
tory and the final extinguishment of French authority in 
France. The Government of the United States also made 
it abundantly clear, in November and subsequently, that 
the new and changing situation would require a current 
reexamination with the French High Commissioner of 
problems of mutual interest and concern. 

"Almost six months have passed and today the French 
islands in the Caribbean are the only French territories 
physically free from Axis domination which have no part 
in the struggle for French liberation and which profess 
allegiance to a regime under the direct control of Germany. 

"It is a matter of common knowledge that the territory 
of Metropolitan France, contrary to the wish of the French 
people, is being used in an ever-increasing degree for active 
military operations against the United States and that the 
Vichy regime is now an integral part of the Nazi System. 

81 



82 

The Government of the United States does not recognize 
Vichy nor will it recognize or negotiate with any French 
representative in the Antilles who remains subservient to or 
maintains contact with the Vichy regime. 

"In the circumstances the Government of the United 
States does not consider effective or binding any informal 
understanding with respect to the French Antilles based 
upon past discussions and conditions, nor does it consider 
that those discussions can serve as a basis for either present 
or future relations with the French Antilles. 

"For this reason the American Consul General at Fort- 
-de-France is being instructed to return to the United 
States, leaving the Consulate in charge of a Consular Offi- 
cer whose activities will be restricted to the protection of 
American interests and who will not be authorized to enter 
into or conduct any negotiations of a political character." 



XXVI. American Nationals in Japanese 

Custody 

(Dept. of State Bulletin, May 29, 1943, Vol. VIII, No. 205) 

Relatives and friends of Americans held as 
prisoners of war by the Japanese military au- 
thorities have inquired of various agencies of the 
Government concerning the prospects for their 
early repatriation, suggesting in most cases that 
Japanese prisoners of war be offered in exchange 
for the Americans. 

There are three distinct categories of American 
nationals in Japanese custody, namely : 

(1) Prisoners of war, that is, members of the 
American armed forces who have been captured 
by the Japanese armed forces, 

(2) Sanitary and religious personnel captured 
while serving with the armed forces, and 

(3) Civilians in Japan or Japanese-occupied or 
controlled territory, the majority of whom have 
been interned. 

There is no customarily accepted practice among 
nations nor provision of international law or 
conventions for the return or exchange during 
war of able-bodied members of the armed forces of 
one belligerent captured by the forces of the op- 
posing belligerents. It is a major objective of 
warfare to deplete as rapidly as possible the forces 
of the enemy, and it has so far been deemed in- 
expedient for military reasons to propose the re- 
lease and return of able-bodied prisoners of war. 
In the circumstances, there is no immediate 

83 



84 

prospect of obtaining the release and return to 
the United States of able-bodied members of the 
American armed forces taken prisoners of war 
by the Japanese. 

The only prisoners of war whose release and 
return to their own country is provided for and 
sanctioned by international agreement and prac- 
tice are the seriously sick and seriously wounded 
who are no longer capable of contributing to the 
enemy war effort. The release and return of such 
prisoners is provided for in the Geneva Prisoners 
of War Convention of 1929, which both Japan and 
the United States are applying in this war. Steps 
are already under way for implementing the rele- 
vant provisions of that convention. Military 
operations and the difficulties of transportation 
through military zones are the principal obstacles 
at present in the way of such a movement. 

Negotiations are also under way for the release 
and return of such captured sanitary and religious 
personnel as may not be needed to care for their 
compatriots who are prisoners of war. 

Every endeavor is being made to obtain the 
release as quickly as possible of those eligible 
therefor, and all feasible steps are being taken to 
provide for the well-being of all our nationals of 
whatever category in enemy hands until such time 
as they can be offered an opportunity to return to 
their homes in the United States. 



XXVII. Use of Poison Gas 

(Dept. of State Bulletin, June 12, 1943, Vol. VIII, No. 207) 
Statement by the President 

From time to time since the present war began 
there have been reports that one or more of the 
Axis powers were seriously contemplating use of 
poisonous or noxious gases or other inhumane de- 
vices of warfare. 

I have been loath to believe that any nation^ 
even our present enemies, could or would be will- 
ing to loose upon mankind such terrible and in- 
humane weapons. However, evidence that the 
Axis powers are making significant preparations 
indicative of such an intention is being reported 
with increasing frequency from a variety of 
sources. 

Use of such weapons has been outlawed by the 
general opinion of civilized mankind. This coun- 
try has not used them, and I hope that we never 
will be compelled to use them. I state categori- 
cally that we shall under no circumstances resort 
to the use of such weapons unless they are first 
used by our enemies. 

As President of the United States and as Com- 
mander in Chief of the American armed forces, I 
want to make clear beyond all doubt to any of 
our enemies contemplating a resort to such desper- 
ate and barbarous methods that acts of this nature 
committed against any one of the United Nations 
will be regarded as having been committed against 

85 



86 

the United States itself and will be treated accord- 
ingly. We promise to any perpetrators of such 
crimes full and swift retaliation in kind, and I feel 
obliged now to warn the Axis armies and the Axis 
peoples, in Europe and in Asia, that the terrible 
consequences of any use of these inhumane meth- 
ods on their part will be brought down swiftly 
and surely upon their own heads. Any use of gas 
by any Axis power, therefore, will immediately be 
followed by the fullest possible retaliation upon 
munition centers, seaports, and other military ob- 
jectives throughout the whole extent of the terri- 
tory of such Axis country. 



XXVIII. United Nations Conference on Food 

and Agriculture 

(Dept. of State Bulletin, June 19, 1943, Vol. VIII, No. 208) 

Text of the Final Act 

The Governments of Australia, Belgium, Bo- 
livia, Brazil, Canada, Chile, China, Colombia, 
Costa Rica, Cuba, Czechoslovakia, Dominican Re- 
public, Ecuador, Egypt, El Salvador, Ethiopia ; the 
French Representatives; the Governments of 
Great Britain, Greece, Guatemala, Haiti, Hon- 
duras, Iceland, India, Iran, Iraq, Liberia, Luxem- 
bourg, Mexico, Netherlands, New Zealand, Nica- 
ragua, Norway, Panama, Paraguay, Peru, Philip- 
pine Commonwealth, Poland, Union of South 
Africa, Union of Soviet Socialist Republics, 
United States of America, Uruguay, Venezuela, 
and Yugoslavia; 

Having accepted the invitation extended to them 
by the Government of the United States of Amer- 
ica to be represented at a United Nations Confer- 
ence on Food and Agriculture ; 

Appointed their respective delegates, 

The final Plenary Session was held on June 3, 
1943. As a result of the deliberations, as recorded 
in the minutes and reports of the respective 
Committees and Sections and of the Plenary Ses- 
sions, the United Nations Conference on Food 
and Agriculture approved the following declara- 
tion, resolutions, and recommendations. 

87 



88 

I. DECLAEATION 

This Conference, meeting in the midst of the 
greatest war ever waged, and in full confidence of 
victory, has considered the world problems of food 
and agriculture and declares its belief that the goal 
of freedom from want of food, suitable and ade- 
quate for the health and strength of all peoples, 
can be achieved. 

1. The first task is to complete the winning of 
the w r ar and to deliver millions of people from 
tyranny and from hunger. During the period of 
critical shortage in the aftermath of war, freedom 
from hunger can be achieved only by urgent and 
concerted efforts to economize consumption, to in- 
crease supplies and distribute them to the best 
advantage. 

2. Thereafter we must equally concert our ef- 
forts to win and maintain freedom from fear and 
freedom from want. The one cannot be achieved 
without the other. 

3. There has never been enough food for the 
health of all people. This is justified neither by 
ignorance nor by the harshness of nature. Pro- 
duction of food must be greatly expanded ; we now 
have knowledge of the means by which this can be 
done. It requires imagination and firm will on 
the part of each government and people to make 
use of that knowledge. 

4. The first cause of hunger and malnutrition 
is poverty. It is useless to produce more food 
unless men and nations provide the markets to 
absorb it. There must be an expansion of the 
whole world economy to provide the purchasing 
power sufficient to maintain an adequate diet for 



89 

.all. With full employment in all countries, en- 
larged industrial production, the absence of ex- 
ploitation, an increasing flow of trade within and 
between countries, an orderly management of do- 
mestic and international investment and curren- 
cies, and sustained internal and international 
economic equilibrium, the food which is produced 
can be made available to all. people. 

5. The primary responsibility lies with each 
nation for seeing that its own people have the food 
needed for life and health; steps to this end are 
for national determination. But each nation can 
fully achieve its goal only if all work together. 

6. We recommend to our respective govern- 
ments and authorities the study and adoption of 
the findings and recommendations of this Confer- 
ence and urge the early concerted discussion of 
the related problems falling outside the scope of 
this Conference. 

7. The first steps toward freedom from want of 
food must not await the final solution of all other 
problems. Each advance made in one field will 
strengthen and quicken advance in all others. 
Work already begun must be continued. Once 
the war has been won decisive steps can be taken. 
We must make ready now. 

ii. interim and permanent commissions for 

carrying out the recommendations of the 

united nations conference on food and 
agriculture 

Whereas : 

1. Freedom from want is difficult to achieve 
without concerted action among all like-minded 



90 

nations to expand and improve production, to in- 
crease employment, to raise levels of consumption, 
and to establish greater freedom in international 
commerce ; 

2. The successful carrying out of the recommen- 
dations of the Conference in the field of produc- 
tion, distribution, and consumption of food and 
other agricultural products in the post-war period 
will be the most important prerequisite for the 
achievement of freedom from want, and requires 
the creation by the governments and authorities 
here represented of a permanent organization in 
the field of food and agriculture; therefore 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That the governments and authorities here 
represented recognize and embody in a formal 
declaration or agreement the obligation to their 
respective peoples and to one another, henceforth 
to collaborate in raising levels of nutrition and 
standards of living of their peoples, and to re- 
port to one another on the progress achieved; 

2. That the governments and authorities here 
represented establish a permanent organization in 
the field of food and agriculture; and 

Eesolves : 

1. That in order that every practicable step may 
be taken to attain these and the other appropriate 
objectives set forth in the declaration and specific 
recommendations of the Conference, an Interim 



91 

Commission for carrying out the recommendations 
of the United Nations Conference on Food and 
Agriculture be established; 

2. That each of the governments and authorities 
here represented be* entitled to designate a repre- 
sentative on the Interim Commission, and that the 
Interim Commission be installed in Washington 
not later than July 15, 1943 ; 

3. That the Interim Commission perform its 
work with due regard to the exigencies of the war r 
through such form of organization and personnel 
as it may deem appropriate ; and formulate regu- 
lations covering its expenditures and submit to 
the member governments and authorities a budget 
and allocation of quota contributions ; 

4. That the functions of the Interim Commis- 
sion be to formulate and recommend for considera- 
tion by each member government or authority : 

(a) A specific plan for a permanent organiza- 
tion in the field of food and agriculture ; 

(b) The formal declaration or agreement re- 
ferred to in the first recommendation, in which 
each participant shall recognize its obligation: 

(i) To raise the levels of nutrition and stand- 
ards of living of its own people ; 

(n) To improve the efficiency of agricultural 
production and distribution; 

(in) To cooperate, so far as may be possible, 
with other nations for the achievement of these 
ends ; 

(iv) To undertake to submit periodically to the 
other participants, through the permanent organ- 
ization, reports on the action taken and the prog- 
ress achieved toward these ends ; 



92 

(c) Such proposals or reports as are necessary 
to give effect to the recommendations of the 
Conference ; 

5. That in the preparation of a plan for the 
permanent organization the Interim Commission 
give full consideration to the following : 

(a) The relation of the permanent organization 
to, and methods of associating it with, other insti- 
tutions, national as well as international, which 
already exist or which may hereafter be estab- 
lished, in the field of food and agriculture and 
in related scientific, economic, and other fields ; 

(b) Provision for membership in the perma- 
nent organization, in due course, of governments 
not represented on the Interim Commission; 

6. That in considering the functions and duties 
to be assigned to the permanent organization the 
Interim Commission take into account : 

(a) The promotion of scientific, technological, 
social, and economic research; 

(&) The collection and dissemination of in- 
formation and provision for the exchange of 
services ; 

(c) The submission to member governments 
and authorities of recommendations for action 
with regard to the following: 

(i) Nutrition; 

(n) Standards of consumption of food and 
other agricultural products; 

(in) Agricultural production, distribution, and 
conservation ; 

(iv) Statistics and economic studies in the field 
of agriculture and food, including the study of the 
relation of agriculture to world economy; 



93 

(v) Education and extension work in the field 
of food and agriculture; 

(vi) Agricultural credit; 

(vii) Problems of agricultural population and 
farm labor; 

7. That the Interim Commission further con- 
sider the desirability of assigning to the perma- 
nent organization functions in the field of: 

(a) Development of agricultural resources and 
orientation of production, where necessary; 
(&) Agricultural commodity arrangements; 

(c) Agricultural cooperative movements; 

(d) Land tenure; 

(e) Other subjects on which recommendations 
have been made by the Conference ; 

8. That the Interim Commission also consider 
the initiation of preliminary statistical investiga- 
tons and research into the problems with which 
the permanent organization will deal; 

9. That the Interim Commission be deemed to 
have been dissolved when the permanent organ- 
ization has been established; 

10. That the Government of the United States 
of America be invited to take whatever prelimi- 
nary action may be necessary for the establish- 
ment of the Interim Commission after the United 
Nations Conference on Food and Agriculture has 
completed its work. 

III. IMPKOVEMENT OF NATIONAL DIETS 

The United Nations Conference on Food and 

Agriculture 

Having reviewed the information submitted by 
the several delegations on consumption deficien- 

557590 — 44 7 



94 

cies and the relation of food to health throughout 
the world and being deeply impressed by the 
dominate role played by adequate food in the 
reduction of sickness and death rates and the 
maintenance of health, 

Declakes : 

1. That the first essential of a decent standard 
of living is the provision to all men of those 
primary necessities which are required to promote 
freedom from disease, and for the attainment of 
good health; 

2. That the most fundamental of these neces- 
sities is adequate food which should be placed 
within the reach of all men in all lands within 
the shortest possible time; 

3. That ample evidence has been presented 
revealing the existence of malnutrition in every 
country, with its inevitable consequences of pre- 
ventable ill health ; and 

Recommends : 

1. That the governments and authorities here 
represented : 

(a) Immediately undertake the task of increas- 
ing the food resources and improving the diets of 
their people in accordance with the principles and 
objectives outlined in the findings of the Confer- 
ence, and declare to their respective peoples and 
to other governments and authorities here repre- 
sented their intention of so doing ; 

(b) Undertake periodically to report to one 
another through the permanent organization 
recommended in Resolution II on the state of 



95 

their national nutrition and on the steps being 
taken for its improvement. 

iv. diets of vulnerable groups 

Whereas: 

1. There are special needs of vulnerable groups, 
such as pregnant and nursing women, infants, 
pre-school and school children, adolescents, 
workers, and individuals receiving low incomes; 

2. Families with numerous children in low- 
income groups are particularly vulnerable ; 

3. Social, economic, and health measures of 
various kinds are or should be provided for these 
groups ; 

4. Wide experience has shown that direct 
measures to supplement inadequate diets have 
been economical and fruitful ; 

The United Nations Conference on Food and 

Agriculture 

Kecommends : 

That the several governments and authorities 
here represented undertake positive measures for 
the improvement of the diets of the vulnerable 
groups enumerated above. 

v. malnutrition and disease 

Whereas : 

1. Malnutrition is responsible for widespread 
impairment of human efficiency and for an enor- 
mous amount of ill health and disease, reduces the 
resistance of the body to tuberculosis, and en- 
hances the general incidence and severity of 
familiar diseases; 



96 

2. Mortality rates in infants, children, and 
mothers are higher in ill-fed than in well-fed 
populations ; 

3. Food consumption at a level merely sufficient 
to prevent malnutrition is not enough to promote 
health and well-being ; 

The United Nations Conference on Food and 

Agriculture 

Eecommends : 

1. That the governments and authorities here 
represented : 

(a) Initiate or continue the study of the rela- 
tionship between malnutrition and impaired 
bodily health and vigor ; and, in particular, inves- 
tigate the role of inadequate food consumption in 
the causation of, and mortality from, all those 
diseases which constitute their most serious health 
problems ; 

(&) Direct their attention to the study of health 
and well-being and of the nutritional and related 
factors which are necessary to secure and main- 
tain them ; 

(c) Consider the most effective means of dis- 
seminating knowledge of correct feeding among 
all sections of the population. 

vi. deficiency diseases 

Whereas : 

1. The progressive improvement of diets will 
result in better health and eventually in the elim- 
ination of specific deficiency diseases, and a great 
deal of unnecessary suffering could be avoided if 



97 

an immediate and concerted attack were made 
upon them; 

2. Progress in our knowledge of nutrition 
makes it possible to seek out, treat successfully, 
and prevent the recurrence of the common dis- 
eases resulting from specific deficiencies in the 
diet; 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That the several governments and authori- 
ties here represented undertake immediately : 

(a) To ascertain the prevalence of specific 
deficiency diseases among their respective 
peoples ; 

(&) To deal with them by suitable dietary and 
therapeutic measures ; 

(c) To take appropriate steps to prevent their 
recurrence. 

vii. national nutrition organization 

Whereas : 

1. A sound food and nutrition policy must be 
adopted by each government if national diets 
are to be progressively improved, specific defi- 
ciency diseases eliminated, and good health 
achieved ; 

2. Such a policy requires the guidance of a cen- 
tral authority with special competence and respon- 
sibility to interpret the science of nutrition in the 
light of national conditions and to propose to the 
appropriate authorities practical means for ex- 
tending its benefits to. all sections of society; 



98 

The United Nations Conference on Food and 

.Agriculture 

Recommends: 

1. That the governments and authorities here 
represented : 

(a) Undertake to establish national nutrition 
organizations., if such do not now exist, entrusted 
with the responsibility of ascertaining food-con- 
sumption habits and the nutritional status of dif- 
ferent sections of the population; such organiza- 
tions to be composed of authorities in health, 
nutrition, economics, and agriculture, together 
with administrators and consumers' represent- 
atives, etc.; to be provided with adequate funds 
and facilities for the efficient conduct of their 
work; and to have the authority to bring their 
recommendations to the attention of the public and 
to those agencies of government which deal with 
agriculture and the framing of economic and 
social policy; 

(&) Re-examine and, if necessary, reorganize 
existing agencies and review legislation concerned 
with health, agriculture, and nutrition to the end 
that food and nutrition policies may be efficiently 
carried out. 

viii. exchange of information and experience 

Whereas : 

1. Experience has shown that national nutrition 
organizations receive considerable benefit from 
periodic exchanges of views and information on 
methods employed, obstacles encountered, and 
progress achieved; 



99 

2. Governments participating in a common un- 
dertaking will wish to collaborate so that levels 
of food consumption may become more equitable 
not only among the different sections of the pop- 
ulation in a given country but among the several 
nations of the world as well; 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That the several national nutrition organiza- 
tions exchange information and experience and 
provide mutual assistance, both directly, when 
desirable, and through the permanent organiza- 
tion recommended in Resolution II, to which they 
should submit periodic reports on the results of 
their investigations into national dietary habits 
-and nutritional status, and on the progress 
achieved in raising the level of food consumption 
throughout the population; 

2. That representatives of the several national 
nutrition organizations meet regularly under the 
auspices of the permanent organization to ex- 
change views and to make proposals for any 
national and international action necessary to 
facilitate the progress of their work. 

ix. dietary standards 

Whereas : 

1. It is essential that there be some measure of 
the extent to which food supplies should be in- 
creased, and of the character and extent of the 
dietary improvements which need to be carried 
out; 



100 

2. This measure is best provided by dietary- 
standards or allowances based upon scientific 
evidence ; 

The United Nations Conference on Food and 

Agriculture 

Eecommends : 

That the governments and authorities here rep- 
resented adopt as the ultimate goal of their food 
and nutrition policy, dietary standards or allow- 
ances based upon scientific assessment of the 
amount and quality of food, in terms of nutrients, 
which promote health, and distinguish clearly be- 
tween these standards and the more immediate 
consumption goals which necessarily must be based 
upon the practical possibilities of improving the 
food supply of their populations. 

x. cooperation of existing agencies 

Whereas : 

1. National nutrition organizations were estab- 
lished in many countries before the present war 
and various national and international health and 
nutrition agencies had achieved considerable prog- 
ress in the study and improvement of diets and 
food-consumption levels in different countries and 
regions ; 

2. If no time is to be lost in moving toward the 
goals set out by the Conference, it is essential to 
make full use of the information and experience 
acquired by these agencies ; 



101 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

That in the establishment of the permanent or- 
ganization recommended in Resolution II, in any 
projected regional branches of that organization, 
and in any national nutrition organizations, due 
account should be taken of the work and experi- 
ence of existing international regional or national 
agencies concerned with food, health, and nutri- 
tion; and in any such plans, the possibility of 
enlisting the cooperation of such agencies should 
be fully explored. 

xi. non -food pkodtjcts 

Whereas.: 

1. Many of the non-food agricultural and marine 
products are constituent parts of the means to 
human health and welfare to an extent which 
merits consideration for them on a plane with 
food; 

2. It is of great importance to consuming coun- 
tries that there should be a regular and adequate 
supply of these commodities, and to producing 
countries that they should be enabled to orient 
their agricultural enterprises to world demand; 

3. The Conference has not found it possible to 
reach conclusions as to the effective capacity of 
the world to consume specific products in future 
years ; 

4. In many countries and regions which are not 
well adapted to the production of food, the pro- 



102 

duction of other essential agricultural and marine 
products and their disposal on domestic and for- 
eign markets provide a major source of income, 
and the income so derived determines to a large 
extent the abilities of these countries and regions 
to secure adequate quantities of the right kinds of 
food; 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That the permanent organization recom- 
mended in Resolution II : 

(a) Investigate the possibility of the develop- 
ment by the nations of the world of national 
standards of minimum consumption of certain 
non-food agricultural and marine products, tak- 
ing into account the varying climatic and other 
relevant conditions of the different countries; 

(&) Arrange at an early date for comprehensive 
studies of the probable future capacity of the 
world to consume specific agricultural and marine 
products in this group, taking into account in this 
connection the probable effect of synthetic and 
other substitute products; 

(jc) Give special study to the development of 
means by which regions which are not well 
adapted to the production of food may share in a 
world-wide improvement of nutrition in keeping 
with the purpose of the Conference. 



103 

XII. CHANGES IN PRODUCTION" IN THE SHORT-TERM 

PERIOD 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That, as a first step in overcoming the gen- 
eral shortage of food, every effort should be made 
by countries whose agriculture can be expanded 
in the short-term period, so long as this is required 
and so far as the conditions of individual coun- 
tries require or permit, to increase the acreage 
under crops for direct human consumption and 
even to hold back the rebuilding of depleted live- 
stock herds — essential though this rebuilding will 
ultimately be — as well as the production of other 
crops which compete for acreage with essential 
foods ; 

2. That countiles whose agriculture has been 
impaired should, in the immediate post-war pe- 
riod, utilize to the full their agricultural resources 
to bring about a rapid increase in food production, 
even if this involves a departure from the use of 
the resources which in the long run will be re- 
quired, and even if it delays a return to produc- 
tion policies which are desirable for technical, 
economic, or nutritional reasons (for instance, in 
Etaope there may need to be a concentration in 
the first years on vegetables, bread grains, and 
other products where production can mature 
quickly and which yield more calories per acre 
than livestock) ; 

3. That, pursuant to the above purpose, coun- 
tries which have been producing more than normal 



104 

output because of freedom from enemy action 
should : 

(a) In the short run maintain such production; 

(&) Whenever possible, increase production 
further, provided transport and the means of 
production, etc., are available, to assist in meeting 
abnormal demands. 

4. That, taking into consideration that the 
degree of shortage of foodstuffs which will de- 
velop after the war will depend upon the course 
of the war and on the harvests, it will be neces- 
sary during the period from the present until the 
termination of the war for each of the nations 
which has escaped enemy invasion to continue to 
stress the necessity of production of those prod- 
ucts which are required by other nations during 
the war, and at the same time to produce sufficient 
quantities of products for home consumption, 
subject to the requirements of the war effort ; 

5. That every effort should be made now and 
immediately after the war by countries in a 
position to do so, to expand the production of 
farm machinery and implements, fertilizers, and 
other materials, including improved seeds, vital 
to the expansion of food production, and to co- 
operate in making these materials available to 
the agricultural producing countries, so far as the 
exigencies of the war permit. 

xiii. coordination in the short-term period 

Whereas : 

1. It is the consensus of the Conference that, 
despite all efforts to increase production, supplies 
of essential foodstuffs and certain other agricul- 



105 

tural and marine products and of the necessary 
instruments of production, such as fertilizers and 
machinery, and the means of international trans- 
portation will all be inadequate to meet basic 
requirements in the transition period, which may 
extend for several years after the cessation of 
hostilities ; 

2. It is essential for the preservation of life 
to secure, through equitable distribution, the max- 
imum advantage from such supplies as may be 
made available; 

3. It is in the interest of producers and con- 
sumers alike to avoid social and economic ills 
due to monopolistic practices or to violent fluctu- 
ations arising from unrestrained competition for 
inadequate supplies, in the prices of food, the 
instruments of production, and other necessities, 
including industrial goods ; 

4. It is in the common interest of all that agri- 
cultural production be soundly reestablished and 
expanded with all possible speed in countries now 
temporarily occupied by the enemy as soon as they 
have been liberated; 

5. These objectives can be achieved only by the 
concerted action of governments in the stimula- 
tion of production and in the allocation of 
supplies ; 

The United 'Nations Conference on Food and 

Agriculture 

Recommends : 

1. That the governments and authorities here 
represented, for so long after the war as shortages 



106 

continue, affirm the principle of mutual responsi- 
bility and coordinated action for: 

(a) The increased production of necessary 
foodstuffs and other essential agricultural and 
marine products by all possible means, subject 
only to the exigencies of war, in each country 
where such expansion can be accomplished eco- 
nomically, either now or in the future ; 

(&) The transportation, distribution, and util- 
ization of such products ; 

(c) The prevention of speculative and violent 
fluctuations in the prices of food, the instruments 
of production, and other necessities, including 
industrial goods, under the conditions of scarcity 
that appear certain to prevail after the war; 

\d) The post-war readjustment of agriculture 
to achieve a progressive and balanced expansion 
of production and consumption throughout the 
world ; 

2. That these governments and authorities take, 
individually and in concert, whether by conference 
or otherwise, all necessary measures, both domes- 
tic and international, to secure the application of 
this principle and the achievement of these objec- 
tives. 

XIV. ADJUSTMENT OF PRODUCTION IN THE 
TRANSITION FROM THE SHORT-TERM TO THE 
LONG-TERM PERIOD 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That countries whose agriculture has been 
impaired should progressively modify their short- 



107 

term allocation of resources to conform more 
closely to the long-term plan aimed at better 
nutrition and greater efficiency in production (for 
instance, in certain parts of Europe this might 
mean increasing the production of milk products 
as herds can. be reestablished, accompanied by 
declining production of grains) ; 

2. That countries which will have been pro- 
ducing during the short-term period more than 
normal output because of freedom from enemy 
action in the war or which have undertaken new 
lines of production, should progressively adjust 
the allocation of agricultural resources to con- 
form to a long-term coordinated production plan 
for the best use of these resources on a world 
scale, based on better diets for their own people 
and on the international demand for nutritionally 
better food. 

xv. long-term production policy 

Whereas : 

1. It is recognized that a secure, adequate and 
suitable supply of food should be a cardinal aim 
in every country; 

2. It is recognized that this can be achieved 
only as part of a world-wide policy of industrial 
and agricultural expansion; 

3. It is recognized that in order to secure this 
result producers should receive a fair return for 
their products; 

4. In order to attain the highest nutritional 
standards, a progressive expansion and, where 
necessary, reorientation in agriculture will be 
required ; 



108 

5. It is desirable to formulate a body of prin- 
ciples which are applicable to agricultural policy 
in appropriate form in all countries ; 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. (a) That the inherent natural and economic 
advantages of any area should determine the 
farming systems adopted and the commodities 
produced in that area ; 

(&) That farming systems should be so de- 
signed as : 

(i) To maintain soil fertility at levels which 
will sustain yields and ensure adequate return for 
labor ; 

(n) To protect crops and livestock from major 
pests and diseases ; 

(hi) To favor steady employment throughout 
the year ; 

(These three ends, in general and save in excep- 
tional circumstances, can best be assured by bal- 
anced mixed rotational farming and by avoid- 
ance of single-crop production, or monoculture) ; 

(c) That production of nutritionally desirable 
foods which can be obtained from elsewhere only 
with difficulty or not at all is a special obligation 
of the agriculture of every country; 

(d) In every region subject to drought (occa- 
sional or in the form of sharply marked periodic 
dry seasons) suitable measures should be under- 
taken, partly by storage and partly by diversifica- 
tion of production and development of water 
resources and cultural practices; 



109 

(e) Land used or likely to be required for 
agriculture should be protected from erosion; 

(/) The spread of existing knowledge by educa- 
tion and the development of new knowledge by 
research should be constantly promoted, and that 
in these matters nations can cooperate to great 
advantage ; 

2. That, subject to these principles and with 
the object of expanding production of the foods 
needed for its people, each nation should under- 
take to direct its policies toward : 

(a) Increasing the efficiency of production in 
present producing areas through the introduction, 
as rapidly as conditions permit, of better farm- 
ing methods, suitable modern equipment, improved 
varieties of crops and strains of livestock, and soil 
conservation practices ; 

(b) Developing any suitable undeveloped areas, 
where this is economically feasible, through the 
use of such measures as clearing the land and 
large-scale drainage and irrigation projects ; 

(c) Fostering desirable changes in the pattern 
of production, designed to give greater emphasis 
to foods rich in vitamins, minerals, and proteins: 

(i) By encouraging the production, particularly 
in areas near consumption centers, of such prod- 
ucts as vegetables, fruits, milk, eggs, and meat, 
which are relatively perishable and high in value 
and which' are also the foods required in greatly 
increased quantities for better nutrition; 

(n) By encouraging the expansion of livestock 
production in areas capable of growing or economi- 
cally shipping in the necessary feedstuffs; 

557590—44 8 



110 

(in) By limiting the production of bulky, easily 
stored and transported energy foods, in areas 
where they cannot be produced efficiently; 

(iv) By encouraging the production in single- 
crop areas of a greater diversity of foods for home 
use, since these areas are, in general, distant from 
the sources of perishable products and are particu- 
larly in need of improved diets ; 

(v) By likewise encouraging more diversified 
and adequate home food production in all farming 
areas, so that rural people may have more and 
better food, while eliminating the margin between 
producer and consumer; 

3. That, to implement these aims, having regard 
to its individual circumstances, each country 
should adopt the following measures : 

(a) The framing of policies designed to encour- 
age production within the country of commod- 
ities that need to be produced there in greater 
amounts and limit production of those that should 
not be produced within the country or should be 
produced in smaller amounts ; 

(b) The supplying of low-cost credit or other 
aids that would help producers to acquire neces- 
sary materials, equipment, and machinery for 
more efficient production and better use of the 
land; 

(c) The furnishing of technical assistance to 
producers where this is needed ; 

(d) The development of a program of education 
to help producers understand better farming 
methods and put them into practice; 

(e) The development of a program of research 
designed to meet the continuing problems of agri- 
culture within the country ; 



Ill 

4. (a) That each nation consider the possi- 
bility : 

(i) Of drawing up periodic reports on steps 
taken to implement the recommendations set out 
above, with particular reference to production, 
exports, imports, and consumption of food and 
other agricultural and marine products. These 
reports should, where practicable, be on a statis- 
tical basis ; 

(n) Of submitting these reports to the perma- 
nent organization recommended in Resolution II; 

(&) That, with a view to balancing production 
and consumption, the permanent organization con- 
sider to what extent and by what means such re- 
ports might contribute to international collabora- 
tion both on a regional and on a world basis in 
the field of agricultural production. 

xvi. agricultural credit 

Whereas: 

1. Capital development and adequate credit 
facilities are necessary if agricultural production 
is to be restored, increased, and intensified; 

2. Agricultural credit in some countries has 
frequently been obtainable only at rates which the 
farmer could not afford to pay; 

3. The agricultural communities in many coun- 
tries have been unable to obtain information on 
the organization and development of agricultural 
credit systems in other countries; „ 

4. In some countries full agricultural develop- 
ment has been or may be obstructed by difficulties 
in providing adequate capital ; 



112 

The United Nations Conference- on Food and 

Agriculture 

Recommends : 

1. That every endeavor be made to ensure an 
adequate supply of credit to agriculture; 

2. That to this end full use be made of all types 
of suitable private, cooperative, and public credit 
institutions ; 

3. That the rate of interest be as low as possible 
and the conditions regarding initial cost, redemp- 
tion, etc., be as favorable as possible for the 
borrowers, particularly with a view to helping 
the small farmer; 

4. That, in view of the importance of agricul- 
tural credit, its requirements be duly recognized 
by international action taken as a result of this 
Conference. 

xvii. coopeeative movements 

Whereas : 

1. The cooperative movement has been of very 
great importance in many countries, both to urban 
and rural populations, especially in agricultural 
districts where farming is based on small units 
and in urban areas of low-income families ; 

2. The proper functioning of cooperative so- 
cieties may facilitate adjustments of agricultural 
production and distribution, as members have 
confidence in the recommendations and guidance 
of their own cooperative organizations, which they 
know operate in the interest of their members and 
of society in general ; 



113 

3. The democratic control and educational pro- 
grams, which are features of the cooperative 
movement, can play a vital part in the training 
of good democratic citizens, and assist in inducing 
a sound conception of economic matters; 

The United Nations Conference on Food and 

Agriculture 

Recommends: 

1. That, in order to make it possible for people 
to help themselves in lowering costs of production 
and costs of distribution and marketing: 

(a) All countries study the possibilities of the 
further establishment of producer and consumer 
cooperative societies in order to render necessary 
production, marketing, purchasing, finance, and 
other services; 

(b) Each nation examines its laws, regulations, 
and institutions to determine if legal or institu- 
tional obstacles to cooperative development exist, 
in order to make desirable adjustments ; 

(c) Full information as to the present develop- 
ment of cooperatives in different countries be 
made available through the permanent organiza- 
tion recommended in Resolution II. 

xviii. land tenure and farm labor 

Whereas: 

Agricultural productivity and efficiency and the 
well-being of the tiller of the soil depend largely 
upon the system of land tenure and conditions of 
farm labor; 



114 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That each nation make a careful survey of 
existing systems of land tenure and the other 
conditions of agriculture within its boundaries 
to ascertain whether changes in these systems and 
conditions are necessary or desirable to promote 
the productivity and efficiency of agriculture and 
the welfare of its workers and that special atten- 
tion be given to the position of the agricultural- 
worker as compared with that of the worker in 
other industries ; 

2. That the permanent organization recom- 
, mended in Resolution II give every assistance in 

this study. 

XIX. EDUCATION AND KESEARCH 

Whekeas : 

1. Through the inadequacy of agricultural edu- 
cation, existing knowledge is being very imper- 
fectly applied to agricultural production ; 

2. Man's increasing demands upon the soil can 
be met only by the increase of knowledge ; 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That e&ch nation adopt, and carry out as 
rapidly as conditions may permit, a policy for : 

(a) Strengthening and expanding the educa- 
tional system of its rural areas ; 



115 

(6) Training scientific workers and rural lead- 
ers for service in agriculture; 

(fe) Establishing or developing systems of rural 
adult education (extension systems) designed to 
promote technical efficiency among producers, to 
develop understanding of rural problems, and to 
enrich rural life ; 

2. That each nation adopt a policy of promoting 
research in all the branches of science, including 
economics, which relate to food and agriculture, 
and to this end cooperate actively with other na- 
tions by the exchange of knowledge, materials, 
and personnel ; and that, in particular, each nation 
agree : 

(a) To promote research in the natural sciences 
and their application to problems of food and 
agriculture ; 

(&) To develop economic and sociological in- 
vestigation of rural problems ; 

(c) To collaborate with other nations in the 
collecting and assembling of factual information 
and statistics of food and agriculture throughout 
the world ; 

3. That, as a necessary step in securing effective 
action in these directions, the permanent organiza- 
tion recommended in Resolution II be charged 
with the functions : 

(a) Of providing advice, and technical and 
other assistance, to governments desiring this in 
connection with the establishment or improvement 
of agricultural research and education ; 

(&) Of facilitating international help and ex- 
change in the supply of information, services, ma- 
terials, and personnel ; 



116 

(c) Of assisting in the planning and conduct 
of any research programs upon which interna- 
tional collaboration has been agreed or desired ; 

(id) Of acting as a central agency for assem- 
bling, analyzing, and disseminating factual data 
on world agriculture ; 

(e) Of assisting in a comprehensive abstracting 
service covering the whole range of agricultural 
research ; 

(/) Of assisting scientific societies in the ar- 
rangement of international meetings. 

xx. conserving land and water resources 

Whereas : 

1. Soil erosion has in the past destroyed or 
severely limited the utility of vast areas of land 
and will in the future, unless checked, constitute 
the greatest physical danger to the world's food 
production ; 

2. Failure to conserve and control water sup- 
plies and to use them efficiently has, in many areas, 
precluded important potential increase in food 
production ; 

3. To meet the food needs of the growing world 
population and to ensure high nutritional stand- 
ards, all land in 'agricultural use or suitable for 
being brought into agricultural use should be ade- 
quately protected from erosion and from any 
other serious damage by various measures, in- 
cluding structural work and the insurance of sat- 
isfactory agricultural systems and husbandry 
practices ; 

4. The conserving of land and water resources 
should be regarded as an obligation of govern- 
ments as well as individuals ; 



117 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That each nation undertake : 

(a) To survey its land and water resources with 
the object of ascertaining: 

(i) The extent and causes of soil erosion and 
water losses ; 

(n) The soil and moisture conservation require- 
ments of the areas covered and the types of con- 
servation measures most needed ; , 

(6) To develop soil and water conservation pro- 
grams based on the findings of such surveys ; 

(c) To assist farmers in conserving and re- 
building the fertility of the soil ; 

2. That the necessary implementation of these 
policies be effected through appropriate economic 
and other measures such as : 

(a) Assisting individual producers in planning 
and carrying out crop rotations, crop sequences, 
and other suitable practices ; 

(&) Protection of forest and afforestation of 
unprotected watersheds where necessary, includ- 
ing measures for the protection of food-producing 
wild life, to prevent flood damage and to conserve 
water needed for direct human consumption and 
for irrigation; 

(c) Building, or assisting in building, dams, 
terraces, and other structures to minimize the loss 
of soil fertility through erosion caused by wind 
or water; 

(d) Making readily available to individual pro- 
ducers soil amendments, particularly phosphates 
and lime, that will make possible expanded pro- 



118 

duction of leguminous and other soil-building 
crops; 

(e) Development and employment of farming 
systems and husbandry practices which ensure 
soil conservation; 

(/) Developing a program of research designed 
to determine the best methods and practices for 
bringing about conservation of land and water 
resources under various conditions ; 

(g) Developing a program of education to in- 
form the public generally of the importance and 
need of conservation and to help producers to 
understand and put into practice better farming 
methods ; 

3. That the permanent organization recom- 
mended in Resolution II provide assistance by 
such means as : 

(a) Formulation of a body of principles for the 
conduct of soil-conservation work; 

(&) Collection and interchange between nations 
of data and information on erosion, erosion-con- 
trol methods, and 'other pertinent mattrs; 

(c) Interchange between nations of personnel 
technically trained in the development of conser- 
vation research and in the application of its 
findings. 

xxi. development and settlement of land for 

food production 

Whereas : 

1. If freedom from want is to be achieved 
throughout the world by full development of food- 
producing resources, conservation of existing 
lands and the development of new areas must be 
given primary consideration: 



119 

2. There are large areas of land capable of ma- 
terially adding to the world's food supply which 
can be opened to food production if transportation 
facilities were made available and insanitary con- 
ditions and other deterrents corrected ; 

3. There are many areas of great extent not now 
producing or in a low state of production because 
of lack of water-conserving and storing facilities 
for irrigation, lack of drainage, frequent flooding 
by rivers, wastage by erosion, deficiencies of plant 
food, accumulation of alkali, or improper de- 
velopment ; 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That each nation undertake : 

(a) To survey its land and water resources to 
determine (1) in what areas, if opened to settle- 
ment, production of food could materially be in- 
creased; (2) what areas, if supplied with addi- 
tional production facilities, such as water supply 
for irrigation, improved drainage, or by the cor- 
rection of deterrents to production, could mate- 
rially increase their production of food; (3) the 
kind, extent, and economic possibility of develop- 
ments necessary for this increase in food 
production ; 

(&) To develop on the basis of these findings 
policies of settlement and development of a pro- 
gram applicable to the economic, social, agricul- 
tural, and geographical needs of the nation of 
which it is a part, considering: 



120 

(i) Physical conditions including (1) soils and 
climate, (2) health conditions, (3) transportation, 
and (4) clearing, irrigation, or drainage needs; 

(n) Settlement policies, including (1) the type 
of farming systems to be established, (2) the scale 
of working by plantations, small holdings, or co- 
operative organization of areas for production, 
(3) measures to prevent speculation and exploita- 
tion, and (4) financial and other assistance ; 

(in) Conservation measures for sustained pro- 
duction of the area, including (1) agronomic and 
management practices, (2) conservation struc- 
tures and practices, (3) protection against alkali 
accumulations, and (4) measures of forest conser- 
vation and reforestation ; 

2. That the necessary implementation of these 
policies and programs be given through appropri- 
ate measures applicable to conditions and needs 
of each region or area, including: 

(a) A comprehensive engineering service pro- 
viding for developments affecting the entire area, 
such as transportation, improvement of sanitary 
conditions, water-storage reservoirs, drainage 
channels, and flood protection ; 

(&) Development of a program of sound land 
use, including conservation measures; 

(c) Provision for technical assistance to indi- 
vidual producers in planning and developing the 
areas under their supervision. 

(d) Provision for financial assistance to settlers 
for further development and operation ; 

(e) Provisions for marketing produce, includ- 
ing necessary processing and preservation ; 



121 

3. That the permanent organization recom- 
mended in Resolution II provide assistance by 
such means as: 

(a) The interchange between nations of perti- 
nent data and information on erosion and meth- 
ods of control, land improvements, etc. ; 

(&) The interchange between nations of techni- 
cally trained personnel to assist in the develop- 
ment of conservation research, etc. 

POPULATIONS 
XXII. OCCUPATIONAL ADJUSTMENTS IN" KUBAL 

The United Nations Conference on Food and • 

Agriculture 

Recommends: 

1. That, in order to effect the necessary occu- 
pational adjustments in agricultural populations: 

(a) Agricultural efficiency should be improved 
and new lands brought under cultivation wherever 
possible;- 

(fc) Areas which have a large agricultural pop- 
ulation in relation to their agricultural resources 
should : 

(i) Develop industries suitable to the area, par- 
ticularly i for the processing and preserving of the 
agricultural produce of the country, and, where 
feasible, for the manufacture of machinery, ferti- 
lizer, and equipment needed for agriculture; 

(n) Be encouraged, wherever it is economically 
sound, to export processed articles instead of the 
raw product, and in particular to take advantage 
of any reductions of trade barriers in the import- 
ing countries; 



122 

(in) Be assisted in securing capital for the de- 
velopment of industrial and transportation facili- 
ties and for the development of export outlets for 
processed products; 

(iv) Be assisted in securing facilities for the 
importation of machinery and tools where such 
are necessary; 

(v) Be assisted in securing and training tech- 
nical personnel; 

(vi) Undertake programs of public works and, 
where necessary, be assisted in securing technical 
advice and access to capital ; 

(vn) Develop sources of employment in public 
and private services; 

(c) Where agricultural settlements are possible, 
appropriate steps should be taken to facilitate the 
movement of people from overmanned agricul- 
tural areas; 

(d) In order to help in intra-national and inter- 
national migration where these are feasible : 

(i) Occupational training should be provided ; 

(n) Labor bureaus should be set up where 
necessary ; 

(ni) Transportation, communication, housing, 
sanitation, health, and other public facilities neces- 
sary to effective settlement should be provided by 
the country receiving the migrants ; 

(iv) Steps should be taken to provide for the 
economic security of the migrants ; 

(e) Where emigration is possible, an interna- 
tional organization should support arrangements 
to provide adequate safeguards for settlers and 
for the countries concerned, and to facilitate the 
movement through other appropriate means. 



123 
xxiii. international security. 

Whereas : 

1. Freedom from want cannot be achieved with- 
out freedom from fear; 

2. Policies of aggression and the fear of aggres- 
sion have induced the uneconomic employment of 
human and material resources, the development 
of uneconomic industries, the imposition of bar- 
riers to international trade, the introduction of 
discriminatory trade practices, and the expendi- 
ture of huge sums on armaments ; 

3. These obstructions to a progressively expand- 
ing economy cannot be removed without effective 
collaboration among nations ; 

The United Nations Conference on Food and 

Agricidture 

Kecommends : 

1. That the governments and authorities here 
represented, by virtue of their determination to 
achieve freedom from want for all people in all 
lands., affirm the principle of mutual responsibility 
and coordinated action to establish such conditions 
of international security as will make possible an 
expanding and balanced world economy ; 

2. That these governments and authorities take 
in concert all necessary measures to secure the ap- 
plication of this principle and the achievement 
of this objective. 

xxrv. achievement of an economy of abundance 

Whereas : 

1. The first cause of hunger and malnutrition is> 
poverty. 



124 

2. The promotion of the full employment of 
human and material resources, based on sound 
social and economic policies, is the first condition 
of a general and progressive increase in produc- 
tion and purchasing power; 

3. The sound expansion of industry in undevel- 
oped and other areas, with equality of access to 
materials and markets, serves also to expand 
production and purchasing power and is therefore 
indispensable to any comprehensive program for 
the advancement of agriculture; 

4. Tariffs and other barriers to international 
trade, and abnormal fluctuations in exchange 
rates, restrict the production, distribution, and 
consumption of foodstuffs and other commodities ; 

5. Progress by individual nations toward a 
higher standard of living contributes to the solu- 
tion of broader economic problems, but freedom 
from want cannot be achieved without effective 
collaboration among nations; 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That the governments and authorities here 
represented, by virtue of their determination to 
achieve freedom from want for all people in all 
lands, affirm the principle of mutual responsi- 
bility and coordinated action: 

(a) To promote the full and most advantageous 
employment of their own and all other people and 
a general advance in standards of living, thereby 
providing for an increase in both production and 
purchasing power; 



125 

(&) To promote the uninterrupted development 
and most advantageous use of agricultural and 
other material resources for the establishment of 
an equitable balance between agriculture and 
industry in the interest of all ; 

(c) To secure for agriculture the stimulus of 
additional purchasing power through the sound 
development of industry ; 

(d) To assist in the achievement of these ends 
by all appropriate means, including the supply 
of capital, equipment, and technical skill; 

(e) To maintain an equilibrium in balances of 
payments, and to achieve the orderly management 
of currencies and exchange; 

(/) To improve the methods and reduce the 
cost of distribution in international trade; 

(g) As an integral part of this program, to 
reduce barriers of every kind to international 
trade and to eliminate all forms of discriminatory 
restrictions thereon, including inequitable policies 
in international transportation, as effectively and 
as rapidly as possible ; 

2. That these governments and authorities take, 
individually and in concert, whether by conference 
or otherwise, all necessary measures, both domes- 
tic and international, to secure the application of 
this principle and the achievement of these 
objectives. 

xxv. international commodity arrangements 

Whereas : 

1. Excessive short-term movements in the prices 
of food and agricultural commodities are an ob- 
stacle to the orderly conduct of their production 
and distribution; 

557590—44 9 



126 

2. Extreme fluctuations of the prices of food 
and agricultural products aggravate general de- 
flationary and inflationary tendencies, which are 
injurious to producers and consumers alike; 

3. The mitigation of these influences would pro- 
mote the objectives of an expansionist policy; 

4. Changes in the scale and character of pro- 
duction to meet more effectively the world's need 
for food and agricultural products may in certain 
instances require a period of transition and inter- 
national cooperation to aid producers in making 
necessary readjustments in their productive 
organization ; 

5. International commodity arrangements may 
play a useful part in the advancement of these 
ends but further study is necessary to establish 
the precise forms which these arrangements 
should take and whether and to what extent regu- 
lation of production may be needed ; 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That international commodity arrangements, 
should be designed so as to promote the expansion 
of an orderly world economy; 

2. That, to this end, a body of broad principles 
should, through further international discussion^ 
be agreed upon regarding the formulation, the 
provisions, and the administration of such inter- 
national commodity arrangements as may be 
deemed feasible and desirable and should include 
assurance that: 



127 

(a) Such arrangements will include effective 
representation of consumers as well as producers ; 

(6) Increasing opportunities will be afforded 
for supplying consumption needs from the most * 
efficient sources of production at prices fair to 
both consumers and producers and with due re- 
gard to such transitional adjustments in pro- 
duction as may be required to prevent serious 
economic and social dislocations; 

(c) Adequate reserves will be maintained to 
meet all consumption needs; 

(d) Provision wall be made, when applicable, 
for the orderly disposal of surpluses ; 

3. That international organization should be 
created at any early date to study the feasibility 
and desirability of such arrangements with refer- 
ence to individual commodities and, in appro- 
priate cases, to initiate or review such arrange- 
ments to be entered into between governments, 
and to guide and coordinate the operations of such 
arrangements in accordance with agreed prin- 
ciples, maintaining close relations with such pro- 
grams as may be undertaken in other fields of 
international economic activity to the end that the 
objective of raising consumption levels of all peo- 
ples may be most effectively served. 

xxvi. special national measuees for wider food 

distribution 
Whereas : 

1. Even in the most prosperous countries there 
are many families which cannot afford to buy 
enough good food ; 

2. In some countries, and at some times, hunger 
and semistarvation have been widespread ; 



. 128 

3. This situation has existed even when agri- 
cultural prices have been low and when large 
supplies of food have piled up in warehouses or 
rotted in the fields, and the problem will not be 
fully met by general economic measures to stimu- 
late production and trade; 

The United Nations Conference on Food and 

Agriculture 

Eecommends : 

1. That the governments and authorities here 
represented accept the responsibility of making 
it possible, so far as it is within their power, for 
each person in their respective countries who is 
without an adequate diet, to improve his diet in 
the direction of obtaining the physiological re- 
quirements of health, adopting such of the follow- 
ing, or other, measures as are designed to fit local 
conditions and institutions: 

(a) Adequate social-security measures, such as 
family allowances, social insurance, and minimum 
wages ; 

(&) Some form of direct action to make protec- 
tive foods available free, or at low prices, to 
groups with inadequate diets ; 

(c) Special attention to assisting such groups 
as pregnant women, nursing mothers, infants, 
children, aged persons, invalids, and low-paid 
persons ; 

2. That the diets provided under these pro- 
grams be based upon the best scientific informa- 
tion on nutritional needs ; 

3. That food-distribution measures be coordi- 
nated with programs to increase food production 



129 

and to bring about adjustments in agriculture and 
fishing which will, on the one hand, encourage the 
production and distribution of those foods most 
lacking in the diets of the country, and adapted 
to the soils and climates; and will, on the other 
hand, provide an adequate level of living to per- 
sons engaged in farming and fishing ; 

4. That the permanent organization recom- 
mended in Resolution II assist the several 
governments and authorities in making surveys of 
nutritional needs, in helping develop new food- 
distribution programs, in disseminating informa- 
tion concerning those programs, and in aiding to 
coordinate efforts in this field. 

xxvii. special international measures for wider 

food distribution 
Whereas : 

1. The provision of adequate food for all the 
people in each nation is primarily the respon- 
sibility of the nation concerned and that this 
responsibility will be met primarily by national 
measures ; 

2. Nevertheless, undernutrition may continue 
for long periods of time in certain countries, while 
they are developing their agriculture and indus- 
try, and before they are able to produce internally 
or acquire abroad adequate amounts of food to 
meet the needs of their people ; 

3. It is generally agreed that it would be de- 
sirable if arrangements could be made whereby 
a part of current world food supplies could be 
used to supplement the national food-distribution 
programs of certain countries ; 



130 

4. Moreover, relatively little attention has been 
given in the past to the possibilities of developing 
special measures for wider food distribution in the 
international field ; 

The United Nations Conference on Food and 

Agriculture 

Becommends : 

1. That the permanent organization recom- 
mended in Resolution II study the possibility of 
devising measures to meet the needs of countries 
with inadequate supplies, and the machinery 
needed for this purpose, distinguishing between 
methods which would be used in the case of fam- 
ines following catastrophes, and in the case of 
countries where the available food supplies are 
generally inadequate ; 

2. That the problems of developing special in- 
ternational measures for wider food distribution 
in the latter case be studied in connection with 
plans in the countries concerned for the long- 
term development of the national resources, and 
for raising the technical skill and the level of 
living of their workers, and that the above- 
mentioned permanent organization collaborate 
with the International Labor Office on this ques- 
tion. 

xxvhi. government and other national services 

in marketing 

Whereas : 

Improvements in the marketing of foods and 
other products of agricultural or marine origin 
are largely dependent upon certain basic govern- 



131 

ment services, including the provision of quality 
standards, an efficient grading and inspection serv- 
ice, marketing research and education designed 
to promote improved marketing practices, and 
protection of the public, through the medium of 
pure-food laws, against impurities or adultera- 
tions and against unfair competition and unde- 
sirable trade practices; 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That the permanent organization recom- 
mended in Resolution II : 

(a) Investigate the practicability, and, if prac- 
ticable, assist in the adoption of international 
grade standards for agricultural and marine com- 
modities and of providing machinery for control- 
ling the use of any such international grade stand- 
ards in international trade: 

(&) Give assistance to governments and other 
national organizations looking to the establish- 
ment in each country of adequate grade standards 
and technical advisory and inspection services 
covering appropriate products, and, if requested, 
advise in the promotion of the educative, admin- 
istrative, and legislative action necessary to 
achieve this objective; 

(c) Promote standardization of containers, both 
nationally and internationally, along the lines sug- 
gested in connection with grades ; 

(d) Assist governments to extend and improve 
standards of nutrient content and purity of all 
important foods, consider also the formulation and 



132 

adoption of similar international standards to 
facilitate and protect the interchange of such 
products between countries, and agree upon inter- 
national methods of determination; 

(e) Consider the formulation and adoption of 
international standards or minimum requirements 
for drugs, insecticides, fungicides, fertilizers, and 
other materials used by agricultural producers, 
in order to prevent misrepresentation in their 
preparation and sale, and to promote the purchase 
of products best suited to particular uses ; 

(/) Consider whether existing international 
market news services adequately supply and co- 
ordinate information and statistics on prices and 
supply and demand; and promote any improve- 
ments considered necessary ; 

(g) Urge upon governments the necessity, in 
the interests of better nutrition and better living, 
for further research into: 

(i) Consumer needs, including palatability, 
packaging, food habits, shopping habits, shopping 
facilities, etc. ; 

(n) Improved methods, with particular refer- 
ence to perishable protective foods and any com- 
modities of which buffer or other stocks may be 
held, of processing, preservation, storage, packag- 
ing, and transport ; 

(in) Economics of marketing, including proc- 
essing and retail distribution, consumer needs, and 
ways in which the shopkeeper, trader, and farmer 
can be helped to meet these needs ; 

(iv) The relation of food production on the 
farm to market demand and nutritional require- 
ments : and 



133 

engage in the dissemination of the information 
so obtained, and urge on governments the need 
for education of the producer, the intermediary, 
and the consumer in the principles of good mar- 
keting, and in marketing technique, including 
processing and storage; 

2. That the governments and authorities here 
represented take steps to ensure that producers 
and consumers are adequately protected against 
trade malpractices and against exploitation in 
the purchase and sale of food and other products 
of agricultural or marine origin, and commend 
general and specific measures to prevent confusion 
as to quality and country of origin; and that the 
permanent organization above-mentioned assist, if 
requested, governments and authorities to this 
end, and, if appropriate, formulate international 
codes of trade practices. 

xxix. additions to and improvements in 

marketing facilities 
Whereas : 

1. Many countries are lacking in adequate facili- 
ties for the preservation of essential foods for 
consumption throughout the year, and for the 
production, transport, and distribution of these 
foods to satisfy nutritional needs ; 

2. The destruction and disorganization of mar- 
keting facilities resulting from the war will make 
this problem particularly acute in countries which 
are the victims of hostilities; 

3. Technological developments in food preserva- 
tion, processing, and transport have been ac- 
celerated by the war and give promise of contrib- 
uting materially to the solution of these problems : 



134 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That the governments and authorities here 
represented take steps to secure the provision of 
adequate processing, transportation, and distri- 
bution facilities required for improving the nutri- 
tritional levels of their populations ; and that the 
permanent organization recommended in Resolu- 
tion II study the technical, scientific, and economic 
factors involved, with particular reference to 
developments during the war, arrange for the 
pooling of knowledge thus acquired, and give all 
possible assistance to the governments and author- 
ities in realizing these objectives; 

2. That steps be taken by each country to 
achieve full utilization of important new tech- 
nological developments in food preservation, 
transportation, and marketing, including espe- 
cially dehydration, freezing, and ocean and air 
transportation ; 

3. That the permanent organization above- 
mentioned take steps to obtain, collate, and dis- 
seminate information regarding conditions of 
marketing, processing, and storage facilities in all 
countries, including those devastated by war, with 
particular reference to any increased facilities 
needed and to the rehabilitation of countries 
devastated by war, in order to promote the ex- 
pansion of marketing facilities in a carefully 
planned rather than a haphazard manner; 

4. That governments examine transport defi- 
ciencies, both internally, and in connection with 
export and import trade, which may be hinder- 



135 

ing the development of adequate and efficient 
marketing of foodstuffs and other agricultural 
and marine products and take such steps as may 
be necessary to rectify deficiencies; and that any 
international body concerned with international 
transport assist to this end. 

xxx. increasing the efficiency and reducing the 

cost of marketing 
Whereas : 

1. The maintenance of food consumption among 
the peoples of the world at levels sufficiently high 
to satisfy minimum health requirements calls for 
the provision of greater quantities of better food 
at reasonable prices ; 

2. Except in some countries where consumers 
largely produce their own food supplies, a sub- 
stantial part of the total cost of food to the con- 
sumer consists of marketing costs (including the 
costs of assembly, grading, inland and sea trans- 
port, storage, wholesale and retail distribution), 
processing costs, and the rewards of enterprise; 

3. In some countries, the provision of unessen- 
tial services increases the margin between the 
producer and consumer; 

4. Reduction in marketing costs and margins can 
benefit both producer and consumer alike; 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

1. That the governments and authorities here 
represented take all practicable steps to reduce 
marketing, processing, storage and distribution 



136 

costs, and margins between producers and con- 
sumers, particularly by the elimination of unes- 
sential services not required by producers or by 
low-income consumers. 

2. That the permanent organization recom- 
mended in Resolution II collect and disseminate 
information on marketing costs and margins in 
different countries and in international trade, on 
the factors which determine or influence such 
costs and margins, and on the steps taken by gov- 
ernments, by cooperative associations, and by pri- 
vate enterprise to reduce them. 

xxxi. fish and marine products 

Whereas : 

1. Fish, marine animals, and marine products 
are essential in high degree to the diet of the peo- 
ple of many countries and play an important role 
in the nutrition of other countries ; 

2. The production of fish and marine products 
is vital to the economy of certain countries, and 
the adequate livelihood of the fisherman, like that 
of the farmer, depends upon a balanced world 
economy ; 

3. Consideration of questions relating to fish 
and marine products is important in any program 
designed to meet immediate and long-term food 
and other requirements ; 

The United Nations Conference on Food and 

Agriculture 

Recommends : 

That the general conclusions reached by this 
Conference apply, whever appropriate, to fish and 



137 

marine products, and that these subjects be con- 
sidered by the permanent organization recom- 
mended in Resolution II. 

XXXn. RESOLUTION OF APPRECIATION TO THE PRESI- 
DENT OF THE UNITED STATES OF AMERICA 

The United Nations Conference on Food and 
Agriculture expresses its gratitude to the Presi- 
dent of the United States of America, Franklin 
Delano Roosevelt, for his initiative in convening 
the present Conference, for its preparation, and 
for his contribution to its success. This resolu- 
tion is to be embodied in the Final Act of the 
Conference. 

XXXIII. APPRECIATION TO THE OFFICIALS OF THE CON- 
FERENCE 

Whereas : 

1. The United Nations Conference on Food and 
Agriculture was able to conduct its work under 
conditions of exceptional efficiency ; 

2. This efficiency and consequent good results, 
in no small measure resulted from the wisdom 
and talents of the Chairman, the Honorable Mar- 
vin Jones, whose ideals of international solidar- 
ity were a source of inspiration and stimulus to 
all; 

3. Without the previous and exhaustive prepar- 
ation of documentary materials submitted to the 
Conference by the Secretariat and without its 
painstaking work, it would not have been possible 
for the Conference to attain in such a short time 
the results achieved; 



138 

The United Nations Conference on Food and 

Agriculture 

Resolves : 

1. To express to its Chairman, the Honorable 
Marvin Jones, its deep appreciation for the ad- 
mirable manner in which he has guided the Con- 
ference and to pay to him the tribute of its grati- 
tude; and 

2. To express to the Secretary General, to the 
Press Relations Officer, to the Assistant Secre- 
tary General, to the Secretariat, and to the cleri- 
cal staff its appreciation for the efficiency and 
diligence shown in preparing the numerous docu- 
mentary materials and in assisting the Conference 
in attaining its objectives. 

In witness whereof, the following delegates 
sign the present Final Act. 

Done at Hot Springs, Virginia, on the third 
day of June, nineteen hundred and forty-three, 
in the English language, the original to be de- 
posited in the archives of the Department of 
State of the United States, and certified copies 
thereof to be furnished by the Government of 
the United States of America to each of the gov- 
ernments and authorities represented at the 
Conference. 



XXIX. Hearings in Regard to Prisoners 

(Sub-Committee of the Committee on Appreciations, 
House of Representatives, Military Establishment Appro- 
priation Bill, 1944, Thursday, June 10, 1943) 

Statement of Hon. Robert P. Patterson, Under Secretary 
of War, Accompanied by Ma j. Gen. A. H. Carter, Budget 
Officer, War Department, Brig. Gen. George J. Rich- 
ards, Brig. Gen. F. W. Hopkins, Col. C. F. Hofstetter, 
Col. J. D. Mclntyre, Col. R. S. Moore, John J. Dubbelde, 
Jr., Col. J. H. Watson, Col. E. V. Elder, Col. Arthur 
M. Heritage, and E. W. Lancaster, Chief, Civilian Train- 
ing Office of Secretary of War 

Mr. Snyder. Mr. Secretary, we have invited you 
to come down in two capacities ; first, as the civil- 
ian head of the Department, acting for Mr. Stim- 
son, and, secondly, in connection with your 
responsibility, under the law, for procurement for 
the Army. We should like to hear from you first 
in the latter capacity. 

CARE OF PRISONERS OF WAR 

Mr. Snyder. Mr. Secretary, there are $271,000,- 
000 in this bill for the care of prisoners of war. 
That money is for pay, clothing, subsistence, hous- 
ing, and recreation; also, for pin money for en- 
listed prisoners of war. The whole program 
conforms with the Geneva Convention, and there 
is no distinction as regards housing and sub- 
sistence between prisoners and our own soldiers. 
Is that right ? 

Mr. Patterson. Yes sir. 

139 



140 

Mr. Snyder. On the pay side, do you feel that 
we actually should make compensation payments 
monthly, whether the prisoners work or not, in- 
stead of waiting until we know definitely whether 
or not our soldiers who are prisoners of our 
enemies are being paid in accordance with the 
terms of the Geneva Convention ? In other words, 
should not their money be held until they are 
released from our custody, and payment then made 
according to whatever standard or formula the 
enemy pursued ? 

Mr. Patterson. We abide by the Geneva Con- 
vention and we have to assume, and are willing 
to assume until we know otherwise, that our 
enemies are abiding by the Geneva Convention. 

Under the terms of the Geneva Convention we 
pay $21 per month to prisoners of war who work. 
Of this $21, not more than $10 is available to the 
prisoner of war for purchases at the post ex- 
changes. The balance will stand to his credit until 
the war is over. 

The bulk of it will be held and accumulated for 
the prisoners. As I say, not more than $10 a 
month is available for ordinary purchases. 

(Discussion off the record.) 

Mr. Snyder. We abide by the Geneva Conven- 
tion? 

Mr. Patterson. Yes ; we have and we intend to 
adhere to the Geneva Convention. 

(Discussion off the record.) 

Mr. Powers. Let me understand about the 
Geneva Convention. As I understand it, we are 
supposed to pay the prisoners, those who work, 
$21 per month. Is that correct? 

Mr. Patterson. Yes, sir. 



141 

General White. We pay them $3 a month as an 
allowance for toilet articles, and things of that 
kind, whether the prisoner works or not. 

The men who work outside of the prison camp 
itself are paid at the rate of 80 cents per day. ♦ 

There is no pay for working in the prison camp. 

The prisoner only receives in post exchange cou- 
pons $10 a month. That is, he gets $10 each 
month out of the sum he earns at the rate of 80 
cents a day. 

Thirteen dollars a month is the maximum that 
the prisoner receives in cash. 

Mr. Powers. What can the prisoners do with 
that in the prison? 

Mr. Patterson, I do not know. They can, if 
they wish, buy additional articles of food, bed 
linen, clothing, and such items as may be spe- 
cifically authorized by the camp commander, but 
that is the maximum that they are allowed to 
, have. 

Mr. Powers. Is Japan said to be doing the 
same thing for our prisoners? 

Mr. Patterson. They are supposed to be pay- 
ing our prisoners. 

Mr. Powers. Are they paying them as much? 

General White. No; not this amount. The 
pay is based on the work performed and in har- 
mony with the rates prevailing in the country 
detaining the prisoner. 

Mr. Powers. What pay do the Japanese 
provide ? 

General White. I do not know, sir. 

I have some figures here on what other nations 
are paying American prisoners of war. 

557590—44 10 



142 

Mr. Powers. Do they pay the American pris- 
oner what they would pay a comparable rank in 
their own Army? 

General White. The Germans and the Italians 
pay our prisoners 35 cents and 50 cents a day for 
skilled and unskilled labor. We pay 80 cents a 
day. 

Mr. Powers. Why do we pay 80 cents a day if 
the Germans and the Italians are only paying 35 
cents and 50 "cents a day? 

General White. This is in comparison with the 
conditions in the countries. 

The Japanese probably pay our men a few 
cents a day, 

Mr. Powers. We pay their men, who work, 
$21 a month. 

General White. We pay them 80 cents a day 
for the time that they work. 

Mr. Powers, What do we do with the officers? 

General White. The officers get a flat rate, but 
you cannot work the officers. 

The lieutenants and the warrant officers get $20 
a month, the captains. $30 a month, and all others 
$40 a month. 

The Japanese officers get $5 a month less all 
along the line. Their lieutenants get $15 a 
month. 

Mr. Powers. What do they pay our officers? 

General White. I do not know. 

Mr. Powers., Does anyone know? 

General White. No, sir; I doubt it. 

Mr. Powers,. It is peculiar that we have a scale 
for officers who are prisoners of war, and we have 
a pretty nice scale, and we do not know what 
they are paying our officers 



143 

General White. It is not based on what they 
pay our officers. We are required to pay their 
officers a given amount. They are required to 
pay our prisoners a given amount. 

Mr. Engel. What is it based upon? 

General White. It is based on a supplemental 
tentative agreement between the several nations. 

Mr. Powers, Is not that a public document? 

General White. Under the Convention we pay 
the Japanese prisoners the same as our soldiers. 

Mr. Powers, What about our men? 

General White. Just the reverse. Our men, 
prisoners in Japan, would receive the rate of 
pay of the Japanese soldiers. 

Mr. Snyder. How much is that ? 

General White. Two or three cents a day. 

The information that we have on the Japanese 
is that they are paying two and a half up to eight 
and a quarter cents per day. It is difficult to get 
information. 

Mr. Powers. You have no idea that they are 
living up to the Geneva Convention ? 

General White. To that extent I think they are. 
From the best information that we can get they 
are reasonably following the Convention. 

The Germans and the Italians are, we know 
that. The Swiss have given us that information. 

Mr. Mahon. Does it come down to this? It is 
a question of the living standards of the countries. 

General White. That is right. 

Mr. Powers. Is there anything in the Geneva 
Convention about the treatment of prisoners of 
war? 

General White. Yes, sir. 



144 

Mr. Powers. Do you think that Japan lived up 
to that when they executed our fliers ? 

General White. No, sir. 

Mr. Powers. Do you think that we are so bound 
to the Geneva Convention that we should squander 
as much money for prisoners of war as we actu- 
ally spent for maintenance of the United States 
Army in 1932 ? 

General White. I think this : We must live up 
to the Convention. The fact that Japan does not 
live up to the Convention does not relieve us from 
the obligation of living up to it. 

Mr. Powers. It is a matter of opinion. I do 
not agree with you gentlemen, but I am not run- 
ning the show. 

Mr. Powers. If the execution of our fliers is an 
indication of how Japan will abide by the Geneva 
Convention I think it is time that we had better 
start thinking ourselves. 

Mr. Patterson. That was a breach. 

We still have more than 13,000 prisoners in the 
hands of the Japanese. 

Mr. Powers. Morality — there is no morality in 
war at all. Do you get anything definite on our 
soldiers who are prisoners? 

General White. Yes, sir. For a long time we 
got nothing, but in recent months reports come 
through quite regularly. They come through the 
Red Cross. 

Mr. Kerr. Does the report include the Filipino 
troops ? 

General White. The figure does not include the 
Filipino 'troops. They are all continental troops. 

They also captured a lot of the British. 



145 

Mr. Powers. Do you get any reports on these 
men? 

General White. Yes, through the Swiss Gov- 
ernment. 

Mr. Powers. What do the reports indicate? 

General White. They are reasonably satisfac- 
tory. The food is not food that our men are ac- 
customed to. It is a difficult ration for white men 
to live on. It is equivalent to the Japanese Arpoy 
ration. 

Mr. Powers. What reports do you get on the 
treatment our men get from the Germans ? 

General White. The reports are very good. 

Mr. Powers. How about the Italians? 

General White. They are living right up to the 
terms of the Convention. 

Our men who are prisoners of the Germans get 
the same ration as the German Army. That is a 
better ration than the civilians get. 

Mr. Powers. Are the Germans still chaining the 
prisoners ? 

General White. We have had no reports that 
they have shackled any of our prisoners. 

Mr. Engel. When you are attempting to make 
a comparison in terms of money — as to what they 
pay and what we pay — you should take into con- 
sideration the difference in prices — what a certain 
amount of money will buy over there as compared 
to what it will buy here. We talk about 2 cents, 
5 cents, or 10 cents, as a small item, but it will buy 
a lot over there. 

I think you have no alternative but to follow 
the Geneva Convention. I hope you will. 

Mr. Powers. On the subject of rations for 
prisoners : How much does the ration cost us ? 



146 

General White. Seventy-two cents. 

Mr. Powers. The feeding of these fellows costs 
72 cents? 

Mr. Engel. Do the Japanese prisoners want the 
American ration, or do they want to go back to 
rice? 

General White. They ask for a substitution in 
the ration and the commanders of the local camps 
are authorized to make substitutions. 

Mr. Engel. You mean substitute Japanese 
food? 

General White. Substitute something in place 
of the tj^pe of food that our soldier gets. 



XXX. New Authority in the French Antilles 

(Dept. of State Bulletin, July 17, 1943, Vol. IX, No. 212) 

Mr. Henri Hoppenot, Director of Civil Services 
of the French Military Mission in Washington, 
has informed the Department of State of his 
designation by the French Committee of National 
Liberation to assume the authority over the 
French Antilles. Admiral Robert recently ex- 
pressed a desire to relinquish his authority. The 
acceptance of Mr. Hoppenot 's designation for the 
express purpose of exercising the French au- 
thority in the Antilles is not to be construed as 
affecting either pro or con the question of this 
Government's relations with the French Commit- 
tee of National Liberation. 

Mr. Hoppenot has assured the Government of 
the United States that the facilities and resources 
of the French Antilles will be devoted to the 
fullest extent to the prosecution of the war against 
the Axis, in accord with the action already taken 
by all French territory not under the domination 
of the enemy. The military interests of the 
United States in the Caribbean zone are fully 
recognized. The use of all presently immobilized 
French naval and merchant ships will be made 
available in the prosecution of the war effort. 

On the basis of the new situation created by 
Mr. Hoppenot 's designation, the Government of 
the United States is despatching relief supplies 
to Martinique and Guadeloupe and will cooperate 

147 



148 

with the new authority in the resumption of the 
economic life of the islands. 

Mr. Hoppenot and his assistants are expected 
to arrive at Martinique in the immediate future, 
and upon his assumption of authority relations 
with the French Antilles will be resumed through 
Consul General Marcel E. Malige, who is returning 
to his post. 



XXXI. Refuge in Neutral Countries for Axis 

Leaders 

(Dept. of State Bulletin, July 17, 1943, Vol. IX, No. 212) 
Statement by the President 

On August 21, 1942 I issued a statement to the 
press in which after referring to the crimes against 
innocent people committed by the Axis powers I 
stated : 

"The United Nations are going to win this war. When 
victory has been achieved, it is the purpose of the Govern- 
ment of the United States, as I know it is the purpose of 
each of the United Nations, to make appropriate use of 
the information and evidence in respect to these barbaric 
crimes of the invaders, in Europe and in Asia. It seems 
only fair that they should have this warning that the 
time will come when they shall have to stand in courts of 
law in the very countries which they are now oppressing 
and answer for their acts." 

On October 7, 1942 I stated that it was 

"the intention of this Government that the successful close 
of the war shall include provision for the surrender to 
the United Nations .of war criminals." 

The wheels of justice have turned constantly 
since those statements were issued and are still 
turning. There are now rumors that Mussolini 
and members of his Fascist gang may attempt 
to take refuge in neutral territory. One day Hit- 
ler and his gang and Tojo and his gang will be 
trying to escape from their countries. I find it 
difficult to believe that any neutral country would 

149 



150 

give asylum to or extend protection to any of 
them. I can only say that the Government of the 
United States would regard the action by a neutral 
government in affording asylum to Axis leaders 
or their tools as inconsistent with the principles 
for which the United Nations are fighting and that 
the United States Government hopes that no neu- 
tral government will permit its territory to be used 
as a place of refuge or otherwise assist such per- 
sons in any effort to escape their just deserts. 

Instructions to American Diplomatic Representatives 

in Neutral Countries 

The Department of State released to the press 
at 7: 30 p. m., July 31, the following statement: 

"The diplomatic representatives of the United States in 
Stockholm, Ankara, Madrid, Lisbon, Bern, Vatican City, 
and Buenos Aires have been instructed by the Depart- 
ment of State to bring the President's statement to the 
attention of the Governments to which they are accredited. 

"The British representatives at the above places and 
the representatives of the Union of Soviet Socialist Be- 
publics in Stockholm and Ankara are making similar 
representations." 



XXXII. Lend-Lease Report 

(From the Eleventh Keport to Congress, for the Period 

Ended July 31, 1943) 

The amount of lend-lease aid that may be pro- 
vided under the various acts is summarized as 
follows : 

Lend-Lease Appropriations to the President : 

First Lend-Lease Appropriation $7, 000, 000, 000 

Second Lend-Lease Appropriation 5,985,000,000 

Third Lend-Lease Appropriation (Fifth Supp. 

1942) 5, 425, 000, 000 

Fourth Lend-Lease Appropriation 6, 273, 629, 000 

Total 24, 683, 629, 000 

Transfers Authorized From Other Appropriations : 

War Department— Third Supplemental, 1942 2, 000, 000, 000 

War Department— Fourth Supplemental, 1942 4, 000, 000, 000 

War Department— Fifth Supplemental, 1942 11, 250, 000, 000 

War Department— Sixth Supplemental, 1942 2, 220, 000, 000 

War Department — Military Appropriation Act, 

1943 12, 700, 000, 000 

Navy Department— Second Supplemental, 1943 3, COO, 000, 000 

Departments other than War — Third Supple- 
mental, 1942 800, 000, 000 

Total 35, 970,' 000, 000 

In addition to the foregoing, Congress has with certain limitations 
authorized the leasing of ships of the Navy and merchant ships con' 
structed with funds appropriated to the Maritime Commission with- 
out any numerical limitation as to the dollar value or the number of 
such ships which may be so leased. (See for example, Public Law 1, 
78th Cong., approved Feb. 19, 1943, and Public Law 11, 78th Cong., 
approved Mar. 18, 1943.) 

151 



152 



Lend-Lease Countries and United Nations 



Country- 



Declared 

eligible for 

Lend-Lease 

aid 



Lend-Lease 

Agreement 

signed 



Reciprocal 

Lend-Lease 

Agreement 

signed 



United 

Nations 

Declaration 

signed 



Argentina 

Australia 

Belgium 

Bolivia 

Brazil... » 

Canada.. 

Chile. 

China 

Colombia... 

Costa Rica. _ 

Cuba... _. 

Czechoslovakia 

Dominican Republic. 

Ecuador 

Egypt 

El Salvador 

Ethiopia. 

Fighting France 

French North and West 

Africa 

Greece 

Guatemala 

Haiti..* 

Honduras _. 

Iceland. 

India. 

Iran 

Iraq 

Liberia 

Luxembourg 

Mexico *_. 

Netherlands 

New Zealand. 

Nicaragua 

Norway, i 

Panama 

Paraguay 

Peru... 

Philippines 

Poland. _ 

Saudi Arabia. 

South Africa 

Turkey 

United Kingdom 

United States 

U. S. S. R 

Uruguay.. 

Venezuela. _ _. 

Yugoslavia. _ 



May 

Nov. 

June 

May 

May 

Nov. 

May 

May 

May 

May 

May 

Jan. 

May 

May 

Nov. 

May 

Dec. 

Nov. 

Nov. 
Mar. 
May 
May 
May 
July 
Nov. 
Mar. 
May 
Mar. 



6, 1941 

11, 1941 

13, 1941 

6, 1941 

6, 1941 

1, 11941 

6, 1941 

6, 1941 

6, 1941 

6, 1941 

6, 1941 

5, 1942 

6,1941 

6, 1941 

11. 1941 

6. 1941 

7. 1942 
11, 1941 

13. 1942 
11, 1941 

6, 1941 
6, 1941 
6, 1941 

1. 1941 

11. 1941 

10. 1942 

1. 1942 
10, 1942 



Feb. 23,1942 
June 16,1942 
Dec. 6,1941 
Mar. 3,1942 



Sept. 3,1942 
Jan. 30,1943 



Jan. 
Jan. 
Apr. 
Feb. 
Jan. 



1, 1942 

1. 1942 
27, 194& 

6. 1943 
1, 1942 



Mar. 

June 

Mar. 

Jan. 

Nov. 

July 

Aug. 

Apr. 



2, 1943 

2, 1942 

17, 1942 

16, 1942 

7, 1941 

11, 1942 

2. 1941 

6. 1942 



Jan. 1, 1942 

Jan. 1, 1942 

Jan. 1, 1942 

Jan. 1, 1942 

Jan. 1, 1942 



Feb. 
Aug. 



2, 1942 
9,1943 



Sept. 3,1942 



July 
Nov. 
Sept. 
Feb. 
Nov. 



10, 1942 
16, 1942 

16. 1941 

28. 1942 
21, 1941 



Jan. 
Oct. 



Jan. 
Jan. 
Jan. 
Jan. 



1, 1942 
9, 1942 



1,1942 
1, 1942 
1, 1942 
1, 1942 



Jan. 1, 1942 



Jan. 16,1943 



June 8, 1943 



May 
Aug. 
Nov. 
May 
June 
May 
May 
May 



6, 1941 
21, 1941 
11, 1941 
6, 1941 
4, 1941 
6, 1941 
6, 1941 
6, 1941 



Mar. 18,1943 

July 8, 1942 

Feb. 23,1942 

Oct. 16,1941 

July 11,1942 



June 14,1943 
Sept. 3,1942 



Jan. 
June 
Jan. 
Jan. 
Jan. 
Jan. 
Jan. 



1, 1942 
5, 1942 
1, 1942 
1, 1942 
1, 1942 
1, 1942 
1, 1942 



Sept. 20, 1941 
Mar. 11, 1942 



Aug. 
Feb. 

Nov. 
Nov. 
Mar. 



28, 1941 
18, 1943 
11, 1941 
7, 1941 
11, 1941 



July 1, 1942 



Feb. 23,1942 



Sept. 3,1942 



Nov. 7,1941 
May 6,1941 
May 6, 1941 
Nov. 11, 1941 



June 11,1942 
Jan. 13,1942 
Mar. 18, 1942 
July 24.1942 



June 10,1942 

Jan. 1, 1942 

Jan. 1, 1942 

Jan. 1, 1942 

Jan. 1, 1942 

Jan. 1, 1942 



Jan. 1, 1942 



INDEX 



Africa, North : Page 

American military operations in 23 

FrencA support in . 34-35 

Temporary political arrangement in 26 

(See also Liberia.) 

Airports in Liberia, construction and control of 28-33 

American : 

Aviators, Japanese execution of 75-80 

Military forces in India, orders to 1 

Nationals in Japanese custody 83-84 

Prisoners of war held by Japan, relief of 12-13, 15-17 

Americans in France, German action in regard to 52-54 

Australia, Lend-Lease agreement with 5-11 

Aviators, American, Japanese execution of . 75-80 

Axis leaders, harboring of, in neutral countries 149-150 

Bases in the Pacific ; 57-58 

Belgium, aid agreement with , 45-48 

China, treaty ending extraterritoriality in 59^-69 

Civilian populations, crimes against 2 

Commission tyo investigate war crimes 22 

Darlan : 

Declaration of support to United Nations 34-35 

Temporary political arrangements with , 26 

Embassies in Latin America 70 

Extraterritoriality, treaty ending 59-69 

Food, conference on 87-138 

France : 

Americans in, German action regarding 52-54 

Martinique __ 81-82,147-148 

Protests on bombings, reply to 14 

Germany, action of, in regard to Americans in France 52-54 

(See also Civilian Populations, American Prisoners of War, 
Americans in France, Poison Gas, S. S. Kanangoora, etc.) 
Great Britain : 

Agreement with U. S. on marine transportation 37-44 

British-U. S. S. R. treaty of alliance 18-21 

(See also United Nations, etc.) 
Gripsholm, S. S 13 

153 



154 

Page 

Hearings in regard to prisoners 139-146 

India, orders to forces in 1 

Japan : 

American nationals in custody of 83-84 

Execution of American aviators by 75-80 

Relief of American prisoners held by 12-13; 15-17 

Kanangoora, S. S 12-13; 15 

Latin America, embassies in 70 

Lend-lease : 

Reciprocal agreements for 5-11 

Report (for period ending July 31, 1943) i__ 151-152 

Liberia, defense agreement with 28-33 

Marine transportation and litigation agreement 37-44 

Martinique : 

New authority in 147-148 

U. S. break with l — 81-82 

Messages to enemy territories, transmission of 71-74 

Neutrality Act of 1939 51 

New Zealand, lend-lease agreement with 5-11 

Pacific, bases in — 57-58 

Petain, reply of, to President Roosevelt 25 

Philippine Islands, negotiations for relief of American prison- 
ers of war in 15-17 

Poison gas, statement on . . 85-86 

Prisoners, hearings in regard to 139-146 

Prisoners of war 12-13 ; 15-17 ; 83-84 

Prizes, eapture of, on high seas 49-50 

Property, forced transfers of, in enemy territory 36 

Red Cross, communication through 12-13; 72-73 

Roosevelt, President F. D. : 

Message of French North African military operations 23 

Statement on Commission to investigate war crimes 22 

Statement on crimes against civilian populations 2-4 

Statement on French support in North Africa 34-35 

Statement on Japanese execution of American aviators 75-76 

Statement on neutral countries harboring Axis leaders 149-150 

Statement on poison gas 85-86 

Statement on political arrangements in North Africa 26 

Spain, U. S. trade with 55 

Transfers of property 36 

Transportation and litigation agreement, marine 37-44 

Treaty : 

British-U. S. S. R 18-21 

U. S.-China 59-69 

United Nations : 

Commission to investigate war crimes-, 22 

Conference on Food and Agriculture 87-138 

Darlan's declaration of support of 34-3(5 



155 

United States: Page 

Agreement with Great Britain on marine transportation 37-44 

Aid agreement with Belgium 45-48 

Break with Martinique 81-82 

Communication to Japan (April 12, 1943) 76-80 

Declaration concerning forced transfers of property in 

enemy-controlled territories 36 

Defense agreement with Liberia 28-33 

Lend-lease agreements 5-11 

Reply to French protests on bombings 14 

Trade with Spain 55 

Treaty with China ending extraterritoriality 59-69 

(See also Roosevelt, F. D., United Nations, etc.) U. S. S. R. f 
British treaty of alliance with 18-21 

War crimes : 

Against civilians 2 

Committee to investigate 21 

o 



sffl 



&£